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SABINA, SATYEN VAIDYA
Karam Chand – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Heard.
2. By way of instant petition, petitioner has prayed for the following reliefs:
ii) Issue a writ of mandamus directing the respondents authorities either to allow the petitioner to serve at present place of posting i.e. HPPWD Division, Nalagarh, District Solan or to post him nearby his native place because the petitioner has about two years for his superannuation.”
3. Petitioner has challenged transfer order dated 20.03.2023 (Annexure P-1) on the ground that he has been left with two years of service and is going to superannuate on 31.03.2025. The petitioner further pleaded that his transfer has been ordered just to accommodate respondent No.4 in whose favour a D.O. Note No. 18729 dated 18.3.2023 was issued by the MLA of Doon Constituency.
4. Though, the petitioner has alleged that his transfer has been effected on a D.O. Note, but the petitioner has not even chosen to implead the author of D.O. Note as a party.
5. The petitioner has already completed his normal tenure at present place of posting. He w
A government servant holding a transferable post, neither holds a fundamental nor legal right to remain posted at one place or other.
As per Clause-10 of “Comprehensive Guiding Principles-2013” prescribed normal tenure/stay of an officer/official at one station is three years, however, the Officers of IAS/HPAS/HPPS/HPFS and other a....
First and foremost, transfer in an All India Service is an incident of service. Whether, and if so where, an employee should be posted are matters which are governed by the exigencies of service. An ....
An employee has no fundamental right or, for that matter, a vested right to claim a transfer or posting of their choice.
The court emphasized that a challenge to an order of transfer should normally be eschewed and should not be countenanced by the courts or tribunals as though they are Appellate Authorities over such ....
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
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