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RANJAN SHARMA
Ramesh Singh – 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 to 3.
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 joined service in Jal Shakti-IPH Department, as a Work Inspector in December, 2006. On 27.08.2018 the petitioner was promoted as Junior Engineer in Respondent-Department and he served as such, in Jal Shakti Division, Dharamshala and then in Jal Shakti Division Shahpur, Sub-Division Kangra on 26.11.2021 i.e. at the present station.
5. Now, as per orders dated 31.10.2023 (Annexure P-1), the petitioner has been transferred from Jal Shakti Division Shahpur (Sub-Division Kangra) to SNP Division No.I, Terrace SNP Sub-Division Ghandran, without TTA/JT.
6. The petitioner has assailed the transfer order dated 31.10.2023 (Annexure P-1) on the ground (i) that the petitioner has completed only
Employees have the right to be considered for retention at the same station or convenient stations unless the transfer was ordered in public interest and administrative exigencies.
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 is the requirement for fair and transparent application of Transfer Policy clauses to avoid arbitrariness and discrimination in employee transfers.
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