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RANJAN SHARMA
Dinesh Kumar – Appellant
Versus
State of H. P. – 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(s) intended to be passed hereinafter.
3. The petitioner, working as Veterinary Officer, has filed the instant petition with the following prayer(s):-
(ii) That the respondents No.1 and 2 may be directed to post the petitioner to a place other than a Hard/Difficult/Tribal area.”
4. Case of the petitioner, as submitted by the learned counsel, is that the petitioner has completed the normal tenure as Veterinary Officer at the present station i.e. Veterinary Hospital Sangla, Tehsil Sangla, District Kinnaur, H.P. Learned counsel submits that though the State Authorities had issued the Transfer Policy on 10.07.2013, whereby, the petitioner after having completed the normal tenure of two winters and three summers in hard/difficult/remote/rural areas and had submitted represen
Employees who have completed the normal tenure in hard areas have a right to be considered for posting in soft areas to avoid discrimination amongst employees.
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 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 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 central legal point established is the requirement for fair and transparent application of Transfer Policy clauses to avoid arbitrariness and discrimination in employee transfers.
Judicial intervention in transfer matters is warranted when decisions violate established transfer policies and principles of fairness, ensuring no arbitrary actions by authorities.
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