Pinnacle court says that during the framing of policies on transfers consider to protect family life

11-03-2022

The top court today said the state, while making policy for its own workers, has to give due consideration to the significance of saving family life.

Two judge bench composed of justices D.Y. Chandrachud and Vikram Nath noted that "How a particular policy must be formulated to take into account the requirements of maintaining family life may be left at the threshold to be noticed by the state".

Justice Chandrachud noted while delivering the judgment, that in framing its policy, the state can’t be heard to say that it will be oblivious to primary constitutional values, including the protection of family life which is included in Article 21.

The bench further noted that a worker has no fundamental right or, for that matter, a complete right to claim a transfer or posting of their choice. 

It said that policies which set down that the transferring of spouses should be by choice, and to the extent practicable, in the same place, are subject to the need of the management.

The top court's judgement came as it upheld the Kerala High Court judgment, which delivered that removal of a notice by the Union Board of Excise and Customs on Inter-Commissionerate Transfers is not non considered, as it is against the unique identity of each cadre.

The top court finally today delivered that "Such an exercise has to be left within the domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected. The appeals shall be disposed of in the above terms".