Case Note & Summary
The case involved a civil appeal concerning the transfer of a respondent from one location to another within the Indian Telephone Industry. The respondent had joined the new location on 21.12.2006, which led to the question of whether the High Court's interference with the transfer order was warranted. The Supreme Court noted that transfer is a normal incidence of service and found no justification for the High Court's intervention. Consequently, the appeal was allowed, and the High Court's order was set aside. However, the court permitted the respondent to pursue a claim for salary arrears for the period from February to December 2006, clarifying that this did not equate to an acknowledgment of the validity of his claims. The judgment emphasized the principle that transfers are part of service conditions and should not be interfered with lightly.
Headnote
A) Service Law - Transfer of Service - High Court's Interference - Civil Appeal No. 1579 of 2008 - The Supreme Court held that transfer is an incidence of service and set aside the High Court's order interfering with the transfer. The respondent was allowed to pursue his claim for arrears of salary for the period he was not paid, but this did not imply acceptance of his claims (Paras Not mentioned).
Issue of Consideration
Whether the High Court's interference with the transfer order was justified.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and permitted the respondent to pursue his claim for salary arrears for the period he was not paid.
Law Points
- Transfer of service
- High Court interference
- Claim for arrears
