Transfer Policy is Only a Guideline, Not Enforceable Right: Allahabad High Court

The Allahabad High Court dismissed a writ petition seeking to direct the State to transfer a government servant, holding that a transfer policy issued by the State is only a guiding factor and not enforceable in law.

The Bench observed that transfer and posting of government employees fall squarely within the administrative domain of the State, and courts cannot interfere or direct transfer of a particular employee unless there is clear proof of mala fides or violation of statutory provisions.

Executive instructions or policies, the Court said, cannot override administrative discretion or confer enforceable rights.

Finding no illegality in the State’s action, the Court declined to grant relief and dismissed the petition.

[Ful Chandra v. State of U.P. Thru. Addl. Chief Secy. Panchayat Raj Lko. & Ors.]