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2007 Supreme(HP) 358

M.R.VERMA
A. K. DUTTA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Sh. Onkar Jairath, Advocate for the Applicant. Sh. D.C. Pathik, Addl. Advocate General for the Respondent.

JUDGEMENT

M.R. Verma, J. (Retd.) Chairman:- The applicant herein has prayed for quashing and setting aside Annexures A-3 and A-5 respectively dated 29.11.2006 and 11.4.2007 and that the respondents may be directed to allow the applicant to function at his present place of posting.

2. The sum and substance of the applicants case is that he had always complied with his transfer orders passed by the employer and had worked for full term at Reckong Peo in District Kinnaur. As per the Transfer Policy of the State Government a person who had once completed his tenure in a tribal/hard area, cannot be transferred to a hard and difficult area. It is further claimed that the applicant vide Annexure A-3 had been transferred to Nerwa a hard area, which transfer appears to have been effected in the colourable exercise of the power with malafide intention as is revealed by the endorsement in the transfer order to the Private Secretary to the Agriculture Minister and the fact that transfer has been effected without allowing him T.T.A. Aggrieved applicant filed O.A. No. 224/2007 which was ordered to be treated as representation vide Annexure A-4. Such representation was rejected by the Principal Se









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