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RANJAN SHARMA
Deep Kumar – Appellant
Versus
Himachal Road Transport Corporation – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Dheeraj Kumar Vaishisht, learned counsel, appears and waives service of notice on behalf of the respondents.
2. The petitioner has filed the instant writ petition, seeking following reliefs:-
ii. Issue a writ a Mandamus directing Respondent No.2 not to apply the impugned transfer order dated 28.09.2023 i.e. Annexure P-2 qua Petitioner.”
3. The case of the petitioner, as submitted by the learned counsel for the petitioner, in brief is, that the petitioner is a driver in Himachal Pradesh Transport Corporation (HRTC) and the petitioner impugns the office order dated 28.09.2023 (Annexure P-2) transferring him from Hamirpur to Nalagarh showing him to be transferring in public interest. Learned counsel for the petitioner submits that the petitioner is due for retirement after one year and five months i.e. less than two years and is entitled to be considered for posting as per Clause 5.5 of the transfer guidelines issued by the State Government which have been adopted/are applicab
Point of Law : Hon’ble Supreme Court do not confer any indefeasible right upon petitioner to claim his transfer or posting of his choice and his individual convenience is subject to overarching needs....
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.
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....
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Transfers should be based on public interest and administrative exigencies, and not on extraneous considerations or recommendations from unauthorized persons.
Transfer of an employee is an exigency of service and should not be interfered with unless it is mala fide or in violation of statutory provisions.
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 need for fair, objective, and transparent application of the Transfer Policy to avoid arbitrariness and discrimination in state action.
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