Employee cannot seek stay at a particular place as a matter of right: HC

07/06/2023

JAMMU, Jun 6: The Jammu & Kashmir and Ladakh High Court holds that employee cannot seek stay at a particular place as a matter of right. It is for the employer to determine where the services of employee are required to be utilized in the department.
This significant judgment has been passed by Justice Puneet Gupta in a petition filed by Mumtaz Begum who is Junior Assistant with the JK BOSE, was transferred from sub-office Kishtwar to Exam Unit-I, Jammu Division vide order No. 148-B of 2023 dated 25.04.2023 challanged the same.
The petitioner, Junior Assistant with the respondent, was transferred from sub-office Kishtwar to Exam Unit-I, Jammu Division vide order No. 148-B of 2023 dated 25.04.2023. The husband of the petitioner was also transferred to Estates, Jammu Division vide the aforesaid order. The petitioner along with her husband challenged the transfer order in writ petition being WP (C) No. 1102/2023 which came to be disposed of vide order dated 03.05.2023. The case of the present petitioner was directed to be considered by the respondents in view of her health grounds and her minor children.
The respondents considered the representation of the petitioner herein and communicated the decision vide order dated 29.05.2023, impugned in the present petition. The petitioner has been given choice by the respondents to either opt for transfer at J&K BOSE, Rehari, Jammu or at Board Office, Srinagar. It was also mentioned that the accommodation shall also be provided to the petitioner at Srinagar or Jammu wherever she chooses her place of posting.
Justice Puneet Gupta after hearing both the sides, is of the view that the petitioner has no case to set up qua the order/communication impugned in the present writ petition. The case of the petitioner has been considered sympathetically and even given two choices of posting both at the main cities of the UT where the medical facilities are admittedly better than the one at Kishtwar where the petitioner intends to remain. The petitioner has even been offered government accommodation in the city where she intends to get posted. The respondents have taken due care of the representation made by the petitioner. The directions passed in the disposed of writ petition bearing WP (C) No. 1102/2023 have been substantially carried out by the respondents while passing the impugned communication/direction. The argument of the petitioner that she has not been given personal hearing in the matter is without any justification. There was no obligation on the part of the respondents to grant personal hearing to the petitioner while considering the representation.
Justice Puneet Gupta further observed that the petitioner cannot seek her stay at a particular place as a matter of right. It is for the employer to determine where the services of employees are required to be utilized in the department. The arguments raised in the petition challenging the order impugned are without any substance. The petitioner is fortunate that she has been given the choice qua the posting and yet she has chosen to challenge the order of her transfer. The petition is without any merit and is, accordingly, dismissed. However, the dismissal of the petition shall not come in the way of the respondents to consider the case of the petitioner again in case they intend to do so.

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