Search Results Page
Search Results
1 - 3 of 3 (0.53 seconds)V. Jagannadha Rao & Ors vs State Of A.P. & Ors on 7 November, 2001
The concept of transfer has been summed up in a judgment of a
three Judge Bench of the HonTJe Apex Court in V. Jagannadha Rao v.
State of A.P. (2001) 10 SCC 401,
"xxxxxxx
Transfer in relation to service reduced to simple terms means a change of
place of employment within an organization. It is an incidence of public service
and generally does not require the consent of the employee. In most service
rules, there are express provisions relating to transfer. Though definitions may
differ and in many cases transfer is conceived in wider terms as a movement to
any other place or branch of the organization, transfer essentially is to a similar
post in the same cadre. A government servant is liable to be transferred to a
similar post in the same cadre which is a normal feature an incidence of
government service and no government servant can claim to remain in a
particular place or in a particular post unless, of course, his appointment itself
is to a specified non-transferable post. No transfer is made to a post higher than
what a government servant is holding. In other words, it is generally a lateral
and not vertical movement within the employer's organization."
Supplementary Rule 2(18) to the Fundamental Rules defines
transfer at the following terms:
The State Of U.P. And Ors. vs Ram Naresh Lal on 13 March, 1970
The HonTde Court has also, in State of UP v. Ram Naresh Lai,
AIR 1970 SC 1263 cautioned that;
1