Kulwant Kaur vs State of Punjab and others

Rajan Gupta, J.—The Petitioner, who is English Lecturer, has impugned order dated 9.11.2011 (Annexure P-2) whereby she has been transferred from Kotkapura to Muktsar.

Learned Counsel submits that transfer order contains no reasons for transferring the Petitioner from her present place of posting to Muktsar. According to him, the transfer is against the policy, as it is mid-term. Thus the impugned order deserves to be quashed.

I have heard learned Counsel for the Petitioner.

Vide impugned order transfer of number of employees was effected. Name of Petitioner figures at serial No. 6 therein. She was serving as English Lecturer in Government Senior Secondary School, Kotkapura and has now been transferred to Government Senior Secondary School, Khokhar (Muktsar). Admittedly, the Petitioner has remained posted at Kotkapura for three years. Thus, there is no ground on which she can challenge the transfer order. Transfer is not only the exigency of service but incidence of service. As regards contention of learned Counsel about the reasons for transfer, law is settled that for transferring an employee a speaking order need not be passed. Employees are transferred from one place to other on grounds such as administrative exigency and public interest. A transfer order would not be vitiated merely because these grounds are not specifically mentioned in the order. As regards violation of policy, needless to observe that same is in the nature of guidelines and does not bestow a right.

There is no merit in the petition and same is hereby dismissed.