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2020 Supreme(HP) 627

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Lekh Ra – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate., for the Appellant; Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma & Mr. Vinod Thakur, Additional Advocates General and Ms. Seema Sharma, Deputy Advocate General., for the Respondent

JUDGMENT

Tarlok Singh Chauhan, J. (Oral) - This Court of late, more especially, after the closure of the Himachal Pradesh Administrative Tribunal is flooded with the petitions in which the employees challenge the orders of their transfers.

2. Despite the law on the subject being well settled, yet we find the same is being violated with impunity either by the political executive or by the administrative authority, constraining the employees to have initially approached the Administrative Tribunal and on its closure, this Court unnecessarily clogging its docket.

3. It is trite that transfer is an incidence of service and as long as the authority acts keeping in view the administrative exigency and taking into consideration the public interest as the paramount consideration, it has unfettered powers to effect transfer subject of course to certain disciplines. Once it is admitted that the petitioner is State government employee and holds a transferable post then he is liable to be transferred from one place to the other within the District in case it is a District cadre post and throughout the State in case he holds a State cadre post. A government servant holding a transferable post h

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