Court Cases

Supreme Court Rules on Employee Transfers and Seniority in Kerala Government Service


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The Supreme Court has ruled that employee transfers are considered part of service if they are made in the public interest. It emphasized that the government is best suited to decide how to use an employee’s services for the greater good. However, the Court also noted that if an employee requests a transfer, the government may consider the request. Still, 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.

Justices J.K. Maheshwari and Rajesh Bindal, while making this observation, explained that the government holds the authority to determine how an employee’s services are utilized. At the same time, if an employee faces hardship and requests a transfer, and if the government finds the request valid, it may grant the transfer. However, such transfers cannot be seen as serving public interests because they are driven by the employee’s request, not by administrative needs.

The Court made these observations while addressing a case related to the seniority claims of employees working with the Kerala Government. The ruling clarified that, according to the Kerala State and Subordinate Services Rules, an employee transferred to another department by absorption is entitled to retain their original seniority.

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