Back
TARLOK SINGH CHAUHAN, VIRENDER SINGH
Rajesh – Appellant
Versus
Himachal Pradesh State Electricity Board Limited – Respondent
What is the extent of the right to fair treatment in transfer and posting of state employees as held in this judgment? What is the Court's stance on exercising discretion in transfer orders and the grounds that can justify interference or non-interference? What is the Court's directive regarding posting of transferees to districts outside Shimla and compliance reporting?
Key Points: - The judgment emphasizes that no employee can be so indispensable as to prevent transfers to allow other similarly situated persons to serve in Shimla (!) . - It discusses the right to fair treatment as an essential element of natural justice within Articles 14 and 16 of the Constitution (!) . - The Court notes the need for a model employer to act with probity, fairness, and transparency, condemning favoritism in transfers (!) (!) . - It references prior rulings condemning cartel-like behavior in postings and calls for non-arbitrary, legitimate exercise of discretion in transfers (!) (!) . - The Court refuses to interfere with the transfer order in this case, directing postings of one incumbent to District Lahaul & Spiti and the other to District Kinnaur, and requires compliance reporting before the next date (!) (!) . - It cites Sheela Suryavanshi case on the need to avoid monopoly in transfers and to consider wider public interests and students' needs (!) (!) . - The decision underscores that delaying or misusing power in transfers undermines good governance and trust in public institutions (!) . - The judgment quotes the Harinder Singh case condemning favoritism in transfer orders and reiterating model-employer obligations (!) (!) . - It frames the issue as balancing executive efficiency with protection of citizens' rights to fair treatment under constitutional provisions (!) (!) . - The date and disposition indicate the petition was disposed with specific compliance directions on transfers (!) (!) .
Tarlok Singh Chauhan, Judge (Oral)
Even though this petition is directed against the order of transfer, however, a perusal of the records goes to reveal that both the petitioner as also private respondent working as Assistant Engineers, being Class-I, have been pulling strings for their transfer and posting on the stations of their choices and have managed their postings continuously for more than three decades in and around Shimla.
2. While dealing with an issue where employees working under the State Government had been seeking their postings onlyu in Shimla and had infact formed some sort of cartel, this Court in Sheela Suryavanshi vs. State Of H.P. & Ors., 2020 Labour Industrial Cases 3907 observed as under:
“18. Off late, this Court has seen a surge in litigation relating to transfer. The State of Himachal unlike other States is not evenly or uniformly developed in matters i of basic infrastructure like education, health services etc. It is for this reason and rightly so that every employee tries to make an endeavour to seek posting in the district or tehsil headquarters where the infrastructure is relatively well developed. This we observe on the basis of the statistics relating
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
