RANJAN SHARMA
Sudhir Kumar – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
RANJAN SHARMA, J.
Notice. Mr. Rohit Thakur, learned Deputy Advocate General appears and waives service of notice on behalf of the respondents.
2. The petitioner has filed the instant petition with the following prayer(s):-
ii) That writ of mandamus may kindly be also issued, directing the respondents to allow the petitioner to continue to work at the present place of posting i.e. Government Senior Secondary School Bator, District Chamba, H.P.”
3. In the backdrop of the reliefs as claimed, the only claim of the petitioner based on averments in Para 2 and 4 (B) of the writ petition, is that, the petitioner was appointed as Drawing Master in the respondent-department in December, 2013 and was posted in Government Senior Secondary School Batot, District Chamba, which is a hard/difficult/remote/rural area. His only grievance is that now as per the impugned order dated 31.10.2023, Annexure P-1, he has again been transferred from GSSS Batot, District Chamba to GHS Bihali under complex Government Senior Secondary School Sikothi, Di
The central legal point established in the judgment is the interpretation and application of the Transfer Policy in determining the petitioner's eligibility for transfer.
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 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 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 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 application of Clause 16.2 of the transfer policy, which allows the petitioner to make a fresh representation indicating stations of choice and....
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion in employee transfers.
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