The Supreme Court has held that a government servant has no "vested right" to claim a choice of posting nor can courts enter into the credentials of a transferred employee as the same is the prerogative of the government.
A bench of justices Tarun Chatterjee and R M Lodha expressed anguish at the manner in which the Allahabad High Court had ordered transfer of an employee on the ground that he had a bad reputation.
"A government servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to other.
"Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contrary. No government can function if the government servant insists that once appointed or posted in a particular place or position, should continue in such place or position as long as one desires," the apex court observed.
The apex court passed the observation while upholding an appeal filed by Rajendra Singh, a sub-registrar, challenging the direction of the High Court to transfer him to Hapur from Ghaziabad on the petition of his contemporary Karvendra Singh.