Allahabad High Court : Officers To Follow Post-Retirement Home District Transfer Policy

The Allahabad High Court ruled that the transfer policy is binding on the officers who established it. The single bench erred legally by stating that the transfer policy is directive and not obligatory for officers.

The court clarified that authorities must adhere to a government order on transfer policy when it is issued. Employees have a legitimate expectation to benefit from it. The court referenced the Supreme Court decision in the AL Kalra case, which clearly asserts that the transfer policy is binding on authorities.

Consequently, the division bench dismissal of the petition and the order of the Commissioner of Food and Supplies. The court instructed the Commissioner to reconsider the petitioner’s representation within two weeks.

Justice Siddharth Verma and Justice Manish Kumar Nigam of the division bench rendered this decision while accepting the special appeal of Jitendra Singh.  A third-class employee in the Food and Supplies Department from Moradabad. Advocate Anurag Tripathi argued the appeal.

The petitioner, who joined the Food and Supplies Department in 1995, will retire on February 25. He requested a transfer to his home district based on the transfer policy dated June 7, 2023. Which allows employees to transfer to their home district within two years of retirement.

The Commissioner of Food and Supplies, Moradabad Division, denied the petitioner’s application, stating that he had worked in Moradabad Division from February 16, 1995, to September 17, 2012.

The petitioner argued that the authorities had transferred him to Agra and other districts in 2012. And remained outside Moradabad until June 17, 2020. His transfer request did not consider this period.

The single bench dismissed the petition against the Commissioner’s order, viewing the transfer policy as non-binding, which led to the special appeal.

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