Holding that the man’s decade-long posting outranked the allegation of political motivation, the Gauhati High Court upheld the transfer of a development officer who alleged that his transfer was initiated at the behest of an MLA after he refused to campaign for him during elections.

Justice Kalyan Rai Surana considered the old age of the petitioner’s mother and directed him to seek a posting from where he could travel within four hours to go back home. 

“It is not that this Court approves transfers being made at the behest of an MLA. However, in the facts of the present case, where the petitioner has continued at the same place of posting for more than 10 (ten) years, the U.O. Note issued by respondent No. 4 is not found sufficient to vitiate the transfer order,” the June 8 order noted.

‘Politically motivated transfer’

Advocate Binter Picha submitted that the petitioner’s transfer was not an independent administrative decision but was initiated on the instance of the MLA, and that the authorities had acted under political pressure and “mortgaged their conscience” to a political functionary.

It was contended that the transfer would adversely affect his family, particularly his aged mother andschool-going son.

Respondent, on the other hand, had contended that petitioner had been posted at the same place for more than 10 years, which was far behind the prescribed tenure under transfer policy, and the government servants have no vested right to remain at a particular posting.

It was argued that a mere recommendation or unofficial order from the MLA can’t invalidate an already existing administrative ground.

The Gauhati High Court reiterated that it is an incident of service and a government employee cannot insist on remaining at a place of choice, and the petitioner had spent more than a decade at one place, while the normal tenure is of two years.

The court denied the contention that the transfer was politically motivated, as a mere note from an MLA could not discard the petitioner’s unusually long tenure; however, considering his mother’s old age allowed him to seek a posting where he could travel back home within four hours.

The Court refused to interfere with the transfer order, and directed the petitioner to join his new posting, and permitted him to seek a more convenient posting on compassionate grounds.