Punjab & Haryana High Court, Chandigarh
CitationAIR 1964 SC 521
CourtSupreme Court of India
Date18 November 1963
Year1964
BenchP.B. Gajendragadkar CJI, K.N. Wanchoo, M. Hidayatullah JJ.
Acts/ArticlesArticle 311, Article 14
CategoryService & Employment Law

Key Principle Established

Transfer is an incident of government service. No government employee has a vested right to remain posted at a particular place. Transfer orders are not justiciable unless vitiated by mala fides.

Brief Facts

A government servant challenged his transfer order, arguing it was punitive and amounted to a change in conditions of service.

Ratio Decidendi

The Supreme Court held that transfer is an incident of government service. No government servant has a vested right to remain at a particular place or post. Transfer orders are administrative matters and not ordinarily justiciable unless vitiated by mala fides, arbitrariness, or made in violation of statutory rules.

Impact & Significance

This is the foundational judgment on transfer of government employees. It is cited in every transfer dispute case. The principle has been consistently followed while carving exceptions for mala fide transfers.

Tags & Related Topics

Service & Employment Law Article 311 Article 14
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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