Case Law Details
Dulamani Patel Vs State of Odisha (Orissa High Court)
The Petitioner’s prayer insofar as promoting and repositioning him in the school where he was continuing or at a nearby place, is unsustainable as the Petitioner was holding a transferable post and under the conditions of service applicable to him, he was liable to be transferred and posted at any place within the State of Odisha. The Petitioner had no legal or statutory right to insist for being posted at one particular place. In this regard, it is worthwhile to stress upon the observations of the Hon’ble Supreme Court in the case of Gujarat Electricity Board & Anr vs. Atmaram Sungomal Poshani2. The Hon’ble Court held that
“Transfer of a Government servant appointed to a particular cadre of transferable posts from one place to other is an incident of service. No Government servant or employee of public undertaking has legal right for being posted at any particular place. Transfer from one place to other is generally a condition of service and the employee has no choice in the matter. Transfer from one place to other is necessary in public interest and efficiency in the Public Administration.”
Moreover, the averments made by the Petitioner in relation to appointment and promotion of 23 candidates in the same school they were continuing earlier, is untenable and implausible. The Court is of the opinion that the appointing authority is best placed to decide whether it is expedient to promote and reposition any candidate on basis of their representations.
From the conspectus of factual matrix taken note of above, this Court is of the opinion that the Petitioner is not entitled to promotion to the post of Sr. SES (Headmaster) as he preferred not to accept the promotion, out of his own volition and, accordingly, the vacancies have been taken for consideration for promotion of other candidates.
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