(1.) Petitioner is working in Regional Hospital, Una since 2.2.2001. Petitioner is aggrieved by his transfer order dated 9.6.2014 whereby he has been transferred from Regional Hospital Una to Civil Hospital Dalhausie, Chamba. Mr. Jagdish Thakur, Advocate has vehemently argued that transfer of the petitioner is on the basis of UO No. SPS/HM/Health 2014/582 dated 12.5.2014. However, fact of the matter is that petitioner is working in the Regional Hospital, Una since 2001. He has no vested right to remain posted at a particular place. It is for the employer to see where an incumbent is to be posted in larger public interest. Court would have definitely intervened in the matter if the petitioner had not completed normal tenure and he was being transferred only on the basis of UO letter, but it has come on record that the approval of competent authority had been obtained while transferring the petitioner.
(2.) The transfer is an incidence of service. It is for the employer where an employee has to be posted in public interest. The scope of judicial review in these matters is very limited. The Court can intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. petitioner has not alleged any specific mala fides.
(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: