In Brief
Dr. Manoj Kumar Sharma was transferred from Uttarakhand to Uttar Pradesh as a Medical Officer in 2002. After being relieved by Uttarakhand, instead of reporting to Badaun (the assigned posting), he sought posting elsewhere. He filed a writ petition in 2006, and the High Court directed a fresh posting order and 50% back wages. The Supreme Court held that the transfer order was validly communicated when dispatched, not requiring actual receipt. The employee must report to the assigned location before seeking transfer. Since he was gainfully employed during 13 years of non-duty, he was not entitled to back wages. The Court set aside the High Court's orders, emphasizing that courts must respect separation of powers and not unnecessarily summon officers.
The lawyer headnote and full judgment text are available to registered users.