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Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court
LIVELAW NEWS NETWORK
13 Sept 2022 7:15 PM IST
The Himachal Pradesh High Court has made it clear that in case a government employee requires transfer on account of individual hardship, such employee may approach the employer with his request. However, a recommendation made by a Member of Parliament on such employee's behalf cannot be sustained.The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice...
The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice Virender Singh while deciding the petition filed by an employee who was aggrieved by his transfer order.
The Court noted that the impugned transfer was made on a note issued by a MP, who not only recommended petitioner's transfer but even recommended the stations to which he could be transferred.
"This amounts to encroachment of the jurisdiction and authority of the Administrative Authority and, therefore, clearly is not sustainable as the question as to who and where is to be posted is the sole discretion of the Administrative Authority," the Court remarked at the outset.
At this juncture, the private respondent disclosed that he had approached the concerned MP seeking transfer recommendation due to extreme hardship on a personal level.
In this backdrop, the High Court held that in case of individual hardship, it is for the employer to decide the same.
Thus, the Court set aside the impugned transfer order and directed the competent authority to consider private respondent's representation sympathetically.
Case Title :Sh. Manoj Kumar v State of Himachal and Ors.
Citation: 2022 LiveLaw (HP) 30
