A Bench of Justices DY Chandrachud, Surya Kant and Vikram Nath, however, emphasised that an employee has no fundamental right or, for that matter, a vested right to claim a transfer or posting of his or her choice.
It said that executive instructions and administrative directions concerning transfers and postings did not confer an indefeasible right on an individual to claim the same.
However, a policy governing the same has to give due consideration to the importance of protecting family life as an element of the dignity of the person and a postulate of privacy, the Court stated.
“How a particular policy should be modulated to take into account the necessities of maintaining family life may be left at the threshold to be determined by the State. In crafting its policy however the State cannot be heard to say that it will be oblivious to basic constitutional values, including the preservation of family life which is an incident of Article 21,” the judgment said.
The Bench observed in this regard that spouse postings were subject to the requirement of administration.
The top court was hearing an appeal against a decision of the Kerala High Court.
Source: Barandbench
