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Monday, December 06, 2021

‘Transfer sole discretion of employer’: HC dismisses Haryana employee’s plea

The petitioner, Amit Kumar, had sought to quash the order dated October 11.

Written by Jagpreet Singh Sandhu | Chandigarh |
November 14, 2021 9:35:57 am
It was further argued that vide order dated September 21, petitioner was ordered to be repatriated to his parent department and called back from deputation.

Stating that ‘to transfer an official or not is sole discretion of the employer based on the administrative exigencies’, the Punjab and Haryana High Court has dismissed plea of Haryana Forest Department employee that sought quashing of an order wherein his recalling to parent department was withdrawn.

The petitioner, Amit Kumar, had sought to quash the order dated October 11.

The petitioner, working as Forest Guard, Department of Forest, Haryana, submitted through his counsel that he was earlier transferred from Kaithal to Kurukshetra vide order dated July 29, 2008 and later vide order dated May 4, 2012, he was again transferred from Kurukshetra to Yamunanagar. Thereafter, vide order dated January 24, 2020, the Haryana government official again sent the petitioner on deputation as incharge, Saw Mill, Pipli, in the office of General Manager, Haryana Forest Development Corporation, Kurukshetra.

It was further argued that vide order dated September 21, petitioner was ordered to be repatriated to his parent department and called back from deputation. The petitioner contended that by cancelling the repatriation order, an order was passed October 11 this year.

The petitioner alleged that he had been transferred this time in collusion with respondents (Forest Department officials) and allegedly on the recommendation and interference of Education Minister, Haryana.

The bench of Justice Arun Monga held, “Transfer being matter of administrative exigency, this court generally refrains to interfere and treads cautiously, unless it is a case of extreme hardship. The case in hand does not seem to be such so as to deserve any indulgence. Moreover, to transfer an official, or not to, is sole discretion of the employer based on the administrative exigencies. Not doing or doing so is not a punishment, but an integral part of service conditions.”

Dismissing the plea, the court said: “Sending an employee on deputation and/or repatriation thereof arises out of routine administrative exigencies and, as long as petitioner is not alleging that he has been demoted from his rank, no grounds to interfere are made out.”

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