The Supreme Court has ruled that the transfer of an employee is considered an incident of service if it is made in the public interest. The Court emphasized that the government is the best judge of how to utilize the services of its employees. However, if an employee requests a transfer, the government may accommodate the request, but such a transfer cannot be classified as being in the public interest, as it is based on the employee’s personal request rather than the needs of the administration.
The Court’s ruling came while addressing the seniority claims of employees in the Kerala Government service. Justices J.K. Maheshwari and Rajesh Bindal noted that while the government has the authority to decide how to distribute and use an employee’s services, it may also honor a transfer request if the employee faces hardship and the authorities are satisfied with the situation. However, the Court clarified that such a transfer, made at the employee’s request, cannot be considered in the public interest, as it does not arise from administrative needs.
Additionally, the Court ruled on the seniority issue for employees transferred under the Kerala State and Subordinate Services Rules. It concluded that employees who were transferred to another department by way of absorption are entitled to retain their original seniority.
This decision highlights the balance between administrative needs and the welfare of employees within public service.
