Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court
6 days, 4 hours ago

Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court

Live Law  

The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. Simultaneously, if employee makes a request due to some hardship and if the authority or the Government as the case may be is satisfied, it may post such employee as per request, but such transfer cannot be termed as transfer in public interest because it is on the request of the employee and not in the exigencies of the public administration.,'' observed Justices J.K Maheshwari and Rajesh Bindal. The Court held that as per the Kerala State and Subordinate Services Rules, an employee who was transferred by way of absorption to another department was entitled to retain their existing seniority. Read - KS & SSR| Govt Employee Transferred By Way Of Absorption To Another Department Can Retain Seniority Of Previous Dept : Supreme Court

Supreme Court Court Public Interest Transfer Employee Request  interest  way  utilise  termed  services  request  court  exigencies  transfer  supreme  transferred  govt  public  employee

History of this topic

Govt Employee Transferred By Way Of Absorption To Another Department Can Retain Seniority Of Previous Dept : Supreme Court
6 days, 8 hours ago

Govt Employee Transferred By Way Of Absorption To Another Department Can Retain Seniority Of Previous Dept : Supreme Court

Live Law  

The Supreme Court held that employees who are transferred on absorption to another department are entitled to retain the seniority of their previous department as per the Kerala State and Subordinate Service Rules. The Court held that the proviso to Rule 27 of the KS & SSR, which hold that previous seniority cannot be claimed when an employee is transferred …

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court
10 months ago

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that the interference by the court in an order of transfer at the instance of a state employee holding a transferrable position without any violation of statutory provision is impermissible. Reversing the findings of the High Court's Division Bench, the Bench Comprising Justices J.K. Maheshwari and Sanjay Karol, while restoring the findings of the …

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court
2 years, 4 months ago

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court

Live Law  

The Himachal Pradesh High Court has made it clear that in case a government employee requires transfer on account of individual hardship, such employee may approach the employer with his request. However, a recommendation made by a Member of Parliament on such employee's behalf cannot be sustained.The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice. …

Discover Related