Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court
1 month, 2 weeks ago

Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court

Live Law  

The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service. A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati Mariyappa Doddalingannavar questioning the endorsement issued to him by which he was transferred from Vigilance Department of the North Western Karnataka Road Transport Corporation to the post of Depot Manager. The bench said “It is no doubt, administrative exigency can be a reason for the Corporation to exercise its right of transfer of an employee, from one place to another, as transfer is an incidence of service, it cannot be that, such transfers would be in violation of the statute, or operative guidelines. It said “A Depot Manager can be posted by way of transfer from the cadre of Class-I Junior Officer of Traffic or Mechanical Department.” Therefore, it held, “If an action is to be taken in terms of the statute, it shall be taken in the manner that is prescribed under the statute, and in no other manner is by now a too well settled principle of law.” Court added “The petitioner has spent his entire service in the Vigilance Department, and is in the last leg of service, as he is said to be left with 24 months of service.

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History of this topic

In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC
1 week, 3 days ago

In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force. The failure of the employer to adhere to the guidelines, which prescribe the procedure, in the opinion …

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court
1 month, 3 weeks ago

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court

Live Law  

The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view. While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division …

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC
3 months, 1 week ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law  

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC
8 months, 3 weeks ago

Political Influence By Public Servants In Transfer And Posting May Be Sole Ground For Denial Of Relief By Constitutional Court: Karnataka HC

Live Law  

The Karnataka High Court has deprecated the act of public servants causing political influence in a matter of their transfer and postings and said it may constitute a sole ground for declining relief. A Division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar allowed the appeal filed by Karnataka Food and Civil Supplies Corporation Limited and set …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 6 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

No Adverse Impact On Pay Of Govt Employee Whose Cadre Is Downgraded Due To 40% Disability Sustained During Employment: Karnataka HC
2 years, 1 month ago

No Adverse Impact On Pay Of Govt Employee Whose Cadre Is Downgraded Due To 40% Disability Sustained During Employment: Karnataka HC

Live Law  

The Karnataka High Court has said that in the event an employee suffers from disability of 40% or more while performing duty, as a matter of right such an employee would be entitled for benefit of downgrading of cadre in order to continue service without any adverse impact on the pay and other benefits. A single judge bench of Justice …

Employee can't insist on transfer to particular place, says SC
3 years, 6 months ago

Employee can't insist on transfer to particular place, says SC

India TV News  

An employee cannot insist on a transfer to a particular place and it is for the employer to shift the staff considering the requirement, the Supreme Court has said. The high court had dismissed her plea against the rejection of her representation by the authority concerned for transfer from Amroha to Gautam Buddha Nagar. In her petition filed in the …

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