Neena Kumari Modgil vs State of H.P.

Rajiv Sharma, Judge

Petitioner remained posted in Government Senior Secondary School, Kallar (Bilaspur) from 14.10.1999 to 16.8.2003. Thereafter, she was transferred to Government Senior Secondary School, Rishikesh (Bilaspur) on 16.8.2003. She remained posted in Government Senior Secondary School, Rishikesh with effect from 16.8.2003 to 10.11.2009. She was transferred from Government Middle School, Rishikesh (Bilaspur) to Government Middle School, Badhyat under complex Government Senior Secondary School (G) Bilaspur on 10.11.2009. Now, she has been transferred from Government Middle School, Badhyat under complex Government Senior Secondary School (G), Bilaspur to Government Middle School, Dhamna (Bilaspur) under same complex vide office order dated 18.5.2012. The distance between Government Middle School, Badhyat and Government Middle School, Dhamna is 4 KMs. Petitioner remained posted with effect from 14.10.1999 till date within the radius of 25 KMs. She has no indefeasible right to stay at a particular place. The transfer is an incident of service. It is for the employer where an employee has to be posted in public interest. The scope of judicial review in these matters is very limited. The Court can intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. Petitioner has already completed 2 1/2 years at the present place of posting. Moreover, she has been transferred within the same complex.

Accordingly, we see no merits in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. There shall, however, be no order as to costs.