RANJAN SHARMA
Subhash Chand – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
RANJAN SHARMA, J.
1. Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No. 1 and 2.
2. With the consent of the appearing 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:
(ii) That writ of mandamus may kindly be issued, directing the respondents to
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.
The Transfer Policy mandates that an employee who has already served in a difficult area should not be re-sent to such an area.
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion in employee transfers.
An employee has the right to seek consideration and redressal from the appropriate authorities in case of hardships or adverse circumstances, and the court may permit the employee to make a represent....
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 transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
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