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RANJAN SHARMA
Surinder Paul – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RANJAN SHARMA, J.
1. 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 orders intended to be passed herein.
3. The petitioner has filed the instant writ petition with the following prayers:
(b) That the respondents may kindly be directed to decide and consider representation of the petitioner as per law and policy in time bound manner.”
4. Case of the petitioner in brief is that he was appointed as a TGT (Non-Medical), on contract basis, in GSSS Lakadhar, Tehsil Chirgaon, District Shimla, which is a remote/rural area on 11.11.2019. While working at the said place, the petitioner was regularized in April,, 2022. Consequently, the petitioner is working at the same station.
5. Now, the grievance of the petitioner is that in terms of t
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 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 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....
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 main legal point established in the judgment is the application of Clause 16.2 of the transfer policy, which allows the petitioner to make a fresh representation indicating stations of choice and....
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.
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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