Back
RANJAN SHARMA
Galora Ram – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Ravi Chauhan, learned Deputy 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 order intended to be passed herein.
3. The petitioner has filed the instant petition with the following reliefs:-
(ii) That writ of mandamus may kindly be also issued, directing the respondents to allow the petitioner to continue to work at the present place of posting i.e. HP PWD Sub Division Holi under B&R Division HP PWD, Bharmour, District Chamba, H.P. and if necessitated, transfer the petitioner to the station of his choice after seeking the option of five stations of his choice as per the provision contained in Clause 16.1 of the transfer policy framed by the State Government vide Office Memorandum No.PER (AP-B)E (3)-17/2012, dated 10th July, 2013.”
4. The petit
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 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 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 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.
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 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....
The obligation of Administrative Authorities to consider and redress employee's hardships in accordance with the law.
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
