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Employee can’t insist on transfer to a particular place: Supreme Court

New Delhi: An employee cannot insist on being transferred to a certain place and it is up to the employer to relocate the employees depending on the requirements, Supreme Court said.

‘It is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirement,’ a bench of justices MR Shah and Aniruddha Bose said in its order.

The top court made the observation while rejecting a plea filed by a lecturer contesting an Allahabad High Court order from October 2017. Her appeal against the authority’s denial of her request for transfer from Amroha to Gautam Buddha Nagar was denied by the High Court.

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Her lawyer claimed in 2017 before the High Court that she had worked at Amroha for four years and was entitled to a transfer under government policy. The High Court noted that, according to the order issued by the authority in question, she had been posted at a college in Gautam Buddha Nagar for nearly 13 years, from the date of her initial appointment in December 2000 to August 2013, and her request to be posted at the same institution again was not justified.

The petitioner was not entitled to be placed at a position where she had already worked for roughly 13 years. The petitioner may request a transfer to another location if she has fulfilled the required number of years at her current posting, but not to a location where she has previously worked for 13 years, ruled the High Court.


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