Back
RANJAN SHARMA
Rajesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No. 1 and 2/State.
2. With the consent of the parties, the instant writ petition is taken up for disposal at this stage, in view of the orders, intended to be passed herein.
3. The petitioner has filed the writ petition with the following prayers:-
(ii) That the notification dated 27.10.2023 contained in Annexure P-4 may kindly be quashed and set aside”.
4. The case of the petitioner is that he was appointed as Lecturer (School Cadre) in Political Science in May, 2000 and he served at GSSS Kiara (Narkanda), District Shimla, then in GSSS Kuthera, District Bilaspur, then in GSSS Hatwar and was posted in GSSS Sahol in July, 2019. In August, 2022, petitioner was posted at the present station i.e. GSSS Ghumarwin, District Bilaspur. Now, grievance
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.
The need for fair, objective, and transparent application of the Transfer Policy to avoid arbitrariness and discrimination in state action.
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion in employee transfers.
The central legal point established is the requirement for fair and transparent application of Transfer Policy clauses to avoid arbitrariness and discrimination in employee transfers.
The obligation of the respondents to consider and examine the petitioner's grievances and pass appropriate orders within a specified timeframe.
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 need for an independent and impartial application of mind by the competent authority in examining the petitioner's representation, in line with the law mandated by the Hon’ble Apex Court.
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
