Search Results Page

Search Results

1 - 2 of 2 (0.30 seconds)

Shaik Mastan Vali vs Employees Providend Fund Organisation ... on 23 August, 2022

9. The Hon'ble High Court of Himachal Pradesh in Sunita Devi vs State of H.P. in CWP No.1978/2019 held on 18.3.2020 that "transfer is a condition of service. The employee has no vested right to get a posting at a particular place or choose to serve at a particular place for a particular time. It is within the exclusive domain of the employer to determine as to at what place and for how long the services of a particular employee are required. Transfer order should be passed in public interest or administrative exigency, and not arbitrarily or for extraneous consideration or for victimization of the employee nor it should be 9 OA/386/2022 passed under political pressure. There is a very little scope of judicial review by Courts/Tribunals against the transfer order and the same is restricted only if the transfer order is found to be in contravention of the statutory Rules or malafides are established."
Central Administrative Tribunal - Hyderabad Cites 10 - Cited by 0 - Full Document

Sushil Kumar vs Environment And Forest on 10 November, 2023

xiv. Learned counsel for the applicant also referred to the judgment passed by the Hon'ble High Court of Himachal Pradesh in case of Sunita Devi Vs. State of HP reported in 2020 (2) SLJ 536 submitting that in the said judgment, it was held by the Court that Ministers / elected representatives may recommend the transfer of an employee. However, the transfer orders are ultimately to be issued by the Administrative head after independent application of mind that too after subjective satisfaction without being influenced by the recommendations so made by the elected representatives.
Central Administrative Tribunal - Chandigarh Cites 45 - Cited by 0 - Full Document
1