RANJAN SHARMA
Hari Ram – Appellant
Versus
HRTC Through Managing Director (HRTC) – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Rahul Gathania, learned counsel, appears and waives service of notice on behalf of respondents No.1 & 2.
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 Sub-Inspector in the Himachal Road Transport Corporation and is posted in HRTC Unit Sundernagar.
5. The petitioner has assailed the Office Order dated 31.10.2023 (Annexure P-1) transferring the petitioner from Sundernagar to Nerwa. The petitioner has assailed the Office Order dated 31.10.2023 (Annexure P-1) on the ground, that firstly as per the existing transfer policy, also issued by State Government, which is applicable for employees of Re
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.
Employees lack a fundamental or vested right to choose their posting location; transfers may only be challenged based on statutory violations or arbitrariness.
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.
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....
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion in employee transfers.
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.
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