Supreme Court: Govt Employees Transferred on Request Cannot Retain Seniority in New Post

The Supreme Court of India has consistently held that government employees transferred at their own request are not entitled to retain their previous seniority in the new post. Such transfers are considered personal and not in the public interest or due to administrative exigencies. Consequently, employees who seek transfers for personal reasons are typically placed at the bottom of the seniority list in the new department or cadre.

For instance, in the case of Union of India & Ors. v. S.L. Abbas [(1993) 4 SCC 357], the Court emphasized that transfer is an incident of government service, and unless vitiated by malafides or statutory violations, courts should not interfere with transfer orders. The judgment stated, “Who should be transferred where, is a matter for the appropriate authority to decide.”

However, there are exceptions. In cases where an employee is transferred by way of absorption into another department, they may retain their previous seniority, depending on specific service rules. For example, as per the Kerala State and Subordinate Service Rules (KS & SSR), employees transferred on absorption are entitled to retain their seniority from the previous department. ​

It’s important to note that while employees can request transfers, they do not have a fundamental or vested right to be posted at a location of their choice. The employer has the discretion to transfer employees based on service requirements. As observed in Namrata Verma v. State of U.P., the Supreme Court held that an employee cannot insist on being transferred to a particular place, nor can they refuse a transfer.

In summary, when a government employee is transferred at their own request, they generally cannot claim their previous seniority in the new post, unless specific service rules provide otherwise.​

Sources

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