Punjab & Haryana High Court, Chandigarh
Citation(2011) 6 SCC 803
CourtSupreme Court of India
Date12 May 2011
Year2011
BenchR.V. Raveendran, A.K. Patnaik JJ.
Acts/ArticlesArticle 14, Article 16
CategoryService & Employment Law

Key Principle Established

Transfer policy must be uniform and non-discriminatory. The employer must follow its own transfer policy. Arbitrary departure from transfer policy is violative of Article 14.

Brief Facts

Employees of NHPC challenged their transfers as arbitrary and in violation of the company’s own transfer policy.

Ratio Decidendi

The Court held that once an employer frames a transfer policy, it must follow it uniformly. Arbitrary departure from the policy without recorded reasons is discriminatory and violative of Article 14. While transfer is an incident of service, it must be exercised within the framework of the prescribed policy.

Impact & Significance

This judgment strengthened the rule of law in transfer matters — even in public sector undertakings, the employer is bound by its own policies.

Tags & Related Topics

Service & Employment Law Article 14 Article 16
← Previous Judgment State of Punjab v. Jagdip Singh
Next Judgment → Union of India v. S.K. Sinha

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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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