Q: I am a postgraduate engineer working in a public sector undertaking. My last promotion was in the year 1992 and I was not promoted in 1995 as per the company?s rules and regulations. I was hoping for a promotion next time around. But that was not to be. In 1998, when less qualified/less experienced persons were promoted superseding me, I approached the High Court by way of a writ petition, which was however, dismissed since the advocate I had briefed failed to appear.

I appealed against the said order and the division bench remitted the writ petition back to the single judge, which is still pending. At this point being under tremendous pressure I made a representation to the Government of India regarding my grievance and the company came to know of this and chargesheeted me on the ground of misconduct.

Thereafter, pending the High Court case and also the disciplinary proceedings, the company transferred me to an office outside the state. My appointment order contains a condition requiring me to serve the company at any of its offices across the country. I am now 57 years old with a family to support. Can I challenge the said order of transfer and, if so, how? Please advise.

M.A. Inbanathan,
Bangalore

A: I understand your difficulty and anxiety. However, a transfer is an ordinary incidence of service, more so, if the terms of employment provide for transfer, as in your case. The courts have held that no employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of an employee appointed in a transferable post is not only an incident but also a condition of service which is also necessary in public interest and for efficiency in public administration.

Unless you can demonstrate that the transfer order issued by your employer company is mala fide or punitive or in violation of statutory provisions, the courts normally do not interfere with such a transfer order.

A public undertaking can always transfer an employee holding a transferable post in the interest of administrative exigencies of the service concerned. In view of the aforesaid position of law, I am afraid that it may be difficult for you to successfully assail the order of transfer in a court of law. However, if you can clearly make out one or more of the grounds or challenge the transfer order as mentioned above, you may file a writ petition or a civil suit in the appropriate court, challenging the transfer order.