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RANJAN SHARMA
Pooja Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Ranjan Sharma, J.)
Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.
3. The petitioner has filed the instant writ petition with the following prayer(s):-
4. The petitioner is a Trained Graduate Teacher (Medical) in Elementary Education Department of the State Government. The petitioner joined her first appointment as TGT (Medical), on contract basis, on 01.05.2019 and she joined in Government Senior Secondary School, Udaipur, District Lahaul-Spiti, [located in a tribal area] on 02.05.2019. While working in said school, the petitioner was regularized on 31.12.2021 and she is continuing as such in the same school till day
The main legal point established in the judgment is the application of Clause 16.2 of the transfer policy, which allows the petitioner to make a fresh representation indicating stations of choice and....
The central legal point established in the judgment is the interpretation and application of the Transfer Policy in determining the petitioner's eligibility for transfer.
The Transfer Policy clauses must be followed in considering a teacher's transfer request.
The court emphasized the importance of considering transfer requests in accordance with the specific clauses of the transfer policy and ensuring equal and non-discriminatory application of the policy....
The central legal point established in the judgment is the need for fair and equal treatment of employees, non-discrimination, and non-arbitrariness in state action as per Articles 14 and 16 of the C....
The Transfer Policy mandates that an employee who has already served in a difficult area should not be re-sent to such an area.
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion in employee transfers.
The need for fair, objective, and transparent application of the Transfer Policy to avoid arbitrariness and discrimination in state action.
The main legal point established in the judgment is the importance of fair and equal treatment in transfer and posting, as mandated by the Transfer Policy clauses 12, 15, and 16.1, to avoid prolonged....
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