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2014 Supreme(HP) 1935
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mansoor Ahmad Mir, Tarlok Singh Chauhan, JJ.
Shri Karam Singh - Petitioner
Versus
Managing Director & another - Respondents
CWP No. 8238 of 2014-D
Decided On : 12-11-2014
Advocate Appeared:
For the Petitioner:Mr. S.D. Gill, Advocate.
For the Respondent:Mr. B.N. Sharma, Advocate.
Strict adherence to the transfer policy, especially in the case of employees posted in hard/tribal areas, and the authority of the court to direct necessary actions for compliance.
Headnote:
Transfer Policy - Employee Transfer - The court directed the respondents to consider the case of the petitioner for his transfer within one week and draw disciplinary action against transferred employees who fail to join within the stipulated period.
Fact of the Case:
The petitioner, appointed as a Conductor in 2007, was transferred to a tribal area in 2010 and had completed the normal tenure as per the transfer policy but was not transferred from the post.
Finding of the Court:
The court directed the respondents to consider the petitioner's transfer and draw disciplinary action against non-compliant transferred employees.
Issues: Non-compliance with transfer policy and failure to transfer the petitioner from the tribal area post.
Ratio Decidendi: The court emphasized the importance of strictly following the transfer policy, especially in the case of employees posted in hard/tribal areas, and directed the respondents to take necessary actions for compliance.
Final Decision: The court disposed of the writ petition by directing the respondents to consider the petitioner's transfer within one week and to draw disciplinary action against non-compliant transferred employees.
JUDGMENT :
Mansoor Ahmad Mir, J.
It is contended that the petitioner was appointed as Conductor in the year 2007, was posted at Shimla till 21st January, 2010, thereafter, was transferred to Reckong Peo, District Kinnaur, which is a tribal area, on 21st January, 2010, has completed his normal tenure, as given in the transfer policy, on 21st January, 2013, but despite that, the respondents have not transferred him and is still working on the said post.
2. Issue notice. Mr. B.N. Sharma, Advocate, waives notice on behalf of the respondents.
3. We hope and trust that learned Advocate General will advise all the departments to strictly follow the transfer policy, particularly in case of the persons, who are posted at hard/tribal areas.
4. At this stage, learned Advocate General stated that all the departments concerned be directed to ensure that the employee(s), who is/are transferred to tribal/hard areas, join(s) forthwith, in default, the departments are to draw disciplinary action.
5. We deem it proper to dispose of this writ petition by directing the respondents to consider the case of the petitioner for his transfer within one week. Respondents are also directed to draw disciplinary action against the transferred employee(s), who fail(s) to join within the stipulated period.
6. Learned Advocate General is at liberty to convey this direction to the Heads of all the Departments.
7. The writ petition is disposed of accordingly alongwith all pending applications. Copy dasti.
