State Of U.P. And Anr vs Siya Ram And Anr on 5 August, 2004
Respondent No.3 is responsible for regulating all types of claims including
travelling allowance of the applicant, in the division. He is the competent
authority to post and transfer the Cash Overseers and Postmen working under
his division. Since no allegations of mala fides or infraction of any statutory
provisions are alleged, the claim of the applicant is unsustainable in the eyes
of law as held in the case of Union of India and Others vs.S.L. Abbas, 1993 (4)
SCC 357. No Government servant or employee of a public undertaking has
any legal right to be posted for ever at any one particular place or place of his
choice, since transfer is an incidence of service, as held by the Hon'ble
Supreme Court in State of U.P. and Others vs. Siya Ram and Another, (2004) 7
SCC 405. Unless an order of transfer is shown to be an outcome of mala
fides or in violation of statutory provisions, the Courts/Tribunals normally
cannot interfere with transfer orders.