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Judgment
17 paragraphs · 347 wordsTarlok Singh Chauhan, J
We really wonder how this petition for transfer of the petitioner to anyone stations of his choice is maintainable.
As per pleaded case, the petitioner was initially appointed as T.G.T. (NonÂMedical) in the year 2014 and posted at Govt. Senior Secondary School,
Kupvi (Shimla), but since there was no vacancy and accordingly the order of the petitioner was modified and the petitioner was posted at Govt.
Middle School, Lahal under complex Govt. Senior Secondary School, Khani, District Chamba, H.P. As per policy, the respondents have regularised
the services of the petitioner after completion of three years of service and he remained posted at the same school i.e. GMS, Lahal under Complex
GSSS, Khani, District Chamba. Thereafter, in the year 2017, the petitioner was transferred to Govt. Senior Secondary School, Churag, District Mandi
and he joined his duties there. It is averred by the petitioner that for the last six 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