om:82-cl-2024-July — Transfer being incident of service, no employee has a right to choose his place of posting. In this case, Applicant having all along been in Shillong, her posting to Silchar cannot be held to be illegal

Transfer being incident of service, no employee has a right to choose his place of posting. In this case, Applicant having all along been in Shillong, her posting to Silchar cannot be held to be illegal — This chunk is a part of a court order dismissing an application challenging a transfer order, where the applicant was moved from Shillong to Silchar due to her employment. The chunk highlights that t... — Facts: The instant application has been filed by the Applicant challenging the impugned Transfer Order, dated 22-4-2022, whereby the Applicant was transferred from EE Meghalaya – II to SE Silchar against the existing vacancies. The Applicant had earlier approached this Tribunal in O.A. No. 106 of 2022, which was disposed of vide Order, dated 20-5-2022 with a liberty to her to make a comprehensive representation with a direction to the Respondent authorities to dispose of such representation by passing a reasoned and speaking order and till then, the Respondents were directed to retain her at present place of posting. In pursuant to this, the Respondents have passed impugned Office Order, dated 15-6-2022, whereby the representation of the Applicant was rejected. Learned Addl. CGSC appearing on behalf of the Respondents has submitted that the Applicant was initially appointed as Draftsman Gr. III on 10-6-1992 in the Office of SE(P&A) and was posted at Shillong and since then, till today, except for one year from 21-4-2010 to 1-8-2011 (on promotion, she was posted at Guwahati) is currently staying at Shillong. Therefore, the Applicant has been rightly posted at Silchar which is a plain land and having good medical facilities. Hence dismissal of the OA was prayed for. Learned counsel appearing on behalf of the Applicant has admitted the factual position as to the stay at Shillong save for a year at Guwahati. However, pacemaker has been put in Applicant due to her cardiac problems and disorder and moreover, being a younger daughter of her old aged mother, who basically hails from Khasi community, she has to look after her.