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RANJAN SHARMA
Vijay Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J
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 peculiar facts as borne out from the pleadings.
3. The petitioner, working as Trained Graduate Teacher in Government Senior Secondary School Shansha, District Lahaul Spiti, a tribal area, come up before this Court, seeking the following relief(s):-
b. Issue a writ in nature of mandamus directing the respondent to transfer the petitioner from present place of posting which is a difficult/Tribal area to place of his choice in District Kangra in terms of the judgment of this Hon’ble Court dated 23.10.2018 in CWP No.2114 of 2018 and judgment dated 24.12.2020 in CWP No.5801 of 2020;
c. Issue a writ of mandamus further directing the respondent to transfer and relieve the petitioner from present place of po
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....
Judicial intervention in transfer matters is warranted when decisions violate established transfer policies and principles of fairness, ensuring no arbitrary actions by authorities.
Mandatory and uniform application of Transfer Policy, fair and objective exercise of discretion 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 that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
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 need for fair, objective, and transparent application of the Transfer Policy to avoid arbitrariness and discrimination in state action.
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.
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