RANJAN SHARMA
Tulsi Ram – 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 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 the Respondents be directed to transfer the petitioner to one of the stations of his choice as per the transfer policy of State of H.P. as mentioned supra.”
4. The petitioner was initially posted on contract basis as an Assistant Professor (History) in Government Degree College Pangi at Kilar, District Chamba, Himachal Pradesh, which is a tribal area and he joined as such on 07.07.2018 [Annexure P-1]. His services were regularized in March, 2021. Since his initial appointment, the petitioner has been working as such at the said station, i.e. Government Degree College Pangi at
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 is the requirement for fair and transparent application of Transfer Policy clauses to avoid arbitrariness and discrimination in employee transfers.
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion in employee transfers.
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 Transfer Policy mandates that an employee who has already served in a difficult area should not be re-sent to such an area.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.