Case Note & Summary
The petitioner, Dr. Sunil Bawaskar, an Assistant Professor of Veterinary Science at the College of Agriculture, Nagpur, challenged an order dated 25.1.2010 issued by the respondent Dr. Panjabrao Deshmukh Krishi Vidyapeeth (PKV). The order did not formally transfer the petitioner but directed him to 'work physically' at A.H. & Dairy, Akola, while his pay and allowances would continue to be drawn at Nagpur. Similarly, respondent no.5, Shri Motghare, was directed to 'physically work' under the Associate Dean at Nagpur. The court noted that there was no sanctioned post of Assistant Professor (Veterinary Science) at Akola. The petitioner argued that he could not be transferred to a non-existent post. The court held that an employee cannot be transferred to a non-existent post and that the impugned order was a 'peculiar manoeuvre' to circumvent the lack of a post. However, the court clarified that PKV could direct an employee to work at Akola on circuit or transfer the sanctioned post itself from Nagpur to Akola. The court quashed the impugned order and made the rule absolute.
Headnote
A) Service Law - Transfer - Transfer to Non-Existent Post - An employee cannot be transferred to a non-existent post. The impugned order directing the petitioner to 'work physically' at Akola where there is no sanctioned post of Assistant Professor (Veterinary Science) is invalid and quashed. (Paras 2-4) B) Service Law - Transfer - Employer's Power - The employer is entitled to direct an employee to work at another location on circuit or to transfer the sanctioned post itself from one place to another, but cannot transfer an employee to a non-existent post. (Para 4)
Issue of Consideration
Whether an employee can be transferred to a non-existent post and whether an order directing an employee to 'work physically' at a place where there is no sanctioned post is valid.
Final Decision
The impugned order dated 25.1.2010 is quashed and set aside. Rule made absolute.
Law Points
- Transfer to a non-existent post is invalid
- Employer can direct employee to work at another location on circuit
- Employer can transfer sanctioned posts
