Narender Thakur vs State Of H.P. And Others

Tarlok Singh Chauhan, J

We really wonder how this petition for transfer of the petitioner to anyone of his choice of station is maintainable.

As per pleaded case, the petitioner was appointed as Junior Basic Teacher (JBT) in the year 2009 and joined at Govt. Primary School, Mehrubag, Panchayat Balog, Sundernagar, District Mandi. Thereafter, in the year 2014, the petitioner was transferred to Govt. Primary School, Behli Kamand, Sundernagar. It is averred by the petitioner that for the last 10 years, he has been posted far away from home station and, therefore, he should be transferred to anyone of the stations of his choice.

On what basis and under what right the petitioner has based his claim is not at all forthcoming.

It is more than settled that a writ of mandamus does not lie to create or establish a legal right but to enforce the legal right that is already established. Writ being equitable in nature, its issuance is governed by equitable principle. The writ cannot be granted unless it is established that there is an existing legal right of the applicant or an existing duty of the respondent.

Apart from above, an employee has no vested right to claim a particular post or to serve at a particular place for a particular time. It is within the exclusive domain of the employer to determine as to at what place and where the services of a particular employee are required.

In view of the aforesaid discussion, we find no merit in this petition and the same is accordingly dismissed, so also the pending miscellaneous application(s), if any