SHIVA NEPALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed on contract basis against the post of J.B.T. in Government Primary School, Jamli with effect from 27.11.1998 to 1999. Thereafter, she was re-engaged in Government Primary School, Fatehpur with effect from 1.3.2000. She was regularized on 4.12.2007. She was transferred from Government Primary School, Fatehpur to Government Primary School, Majra on 1.11.2010. She joined her duties in Government Primary School, Majra on 2.11.2010. Petitioner has been transferred vide order dated 23.4.2012 from Government Primary School, Majra to Government Primary School, Apron vice respondent No.5.

(2.) PETITIONER has remained posted within the radius of 3 KMs with effect from 1.3.2000 till 23.4.2012. She has no indefeasible right to remain posted at a particular place. It is the prerogative of the employer to transfer an incumbent after taking into consideration the public interest and administrative exigency. Respondent No.5 has to retire on 31.7.2013.

(3.) THEIR Lordships of the Hon'ble Supreme Court in Airports Authority of India versus Rajeev Ratan Pandey and others, (2009) 8 SCC 337 have held that in a matter of transfer of government employee, scope of judicial review is limited and the High Court would not interfere with an order of transfer lightly, be it at interim stage or final hearing. Their Lordships have held as under: