Transfer could never be claimed as a matter of right by government employees, observed the Madurai Bench of the Madras High Court while disposing of a petition filed by a government school teacher seeking permission to participate in the transfer counselling.
Justice S.M. Subramaniam observed that transfers were issued on administrative grounds. It was the prerogative of the public administration to transfer employees in public interest and to ensure efficient and effective administration.
The court was hearing the petition filed by M. Kachu Fathima, a government school teacher working in Tenkasi district. She sought a direction to the authorities to permit her to take part in the transfer counselling by placing her under the priority spouse quota.
The court said it was of the considered opinion that transfer itself was a condition of service and the counselling policy introduced by the government was a concession extended to the government employees.
The counselling policy was issued for providing an opportunity to the employees to choose the place or post subject to the availability and eligibility and as per the terms and conditions that were stipulated in the counselling policy.
The officials implementing the counselling policy should ensure that the terms and conditions of the policy were strictly followed and the eligibility criteria of the candidates participating in the counselling were verified and appropriate decisions were taken.
The eligibility was to be considered by the authority concerned with reference to the transfer policy. The power of judicial review in this regard was undoubtedly limited and the courts did not have to interfere with such policies, the judge said.
The court said in the present case, the eligibility of the petitioner was to be ascertained by the authorities concerned while finalising the list of candidates eligible for participating in the counselling. The court directed the authorities to verify and take a decision.
