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WP(C)/4124/2024 on 9 September, 2024

20. So far as the decision of the Division Bench of this Court rendered in Duken Kato (supra) is concerned, in that case the Division Bench has found that the affected employee was transferred to adjust another employee at the behest of the P.A. to the concerned Minister and in that case, the Court has interfered with the transfer order. However, in the present case, the same is not the situation. Hence, the above-referred judgment of the Division Bench is of no help to the private respondent.
Gauhati High Court Cites 10 - Cited by 0 - S Shyam - Full Document

Manoranjan Debbarma vs M/O Defence on 19 December, 2025

In the case of Registrar General, High Court of Madhya Pradesh (supra), it was held that though such policy and guidelines do not create any enforceable right, however, the employees shall have legitimate expectation for proper implementation of such policy and that though such legitimate expectation is not by itself is a distinct and enforceable right however, failure to consider and to give due weightage to it may render the decision to be arbitrary. In the considered opinion of this Court, in the given facts of the present ca the above decision squarely covers the controversy at hand inasmuch as the appellant was transfer and posted after giving due weightage to his request including his date of superannuation, however, while transferring back, as reflected in the record no considerations, under the transfer policy PRASANNA Digitally PRASANNA BASUMATARYBASUMATARY signed by OA.40/111/2025 9 was made nor any exigencies of services are discernible for such exercise of power and therefore, such exercise of power is nothing but an arbitrary exercise of power.
Central Administrative Tribunal - Gauhati Cites 20 - Cited by 0 - Full Document
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