RANJAN SHARMA
Surender Kumar Sharma – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Ranjan Sharma, J.
Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of 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 herein.
3. The petitioner, has filed the instant writ petition, with the following prayer(s):-
b) That a writ in the nature of mandamus may kindly be issued directing the respondents to allow the petitioner to continue as Assistant Engineer at HPPWD Sub-Division Solan, when he has not completed his normal tenure w.e.f. 29th March 2
Shilpi Bose (Mrs.) and others versus State of Bihar and others
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....
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.
Employees lack a fundamental or vested right to choose their posting location; transfers may only be challenged based on statutory violations or arbitrariness.
The obligation of the respondents to consider and examine the petitioner's grievances and pass appropriate orders within a specified timeframe.
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 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 main legal point established in the judgment is the requirement for genuine material revealing public interest and administrative exigency for transfers, and the inadmissibility of clubbing previ....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
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