Himachal Pradesh High Court has ruled in favour of aggrieved employees who had challenged their transfers on the recommendations of public representatives. The high court quashed clause 17 of the transfer policy wherein there is a provision that on the request of public representatives, the competent authority will consider transfer of an employee.
A division bench comprising Justice Dev Darshan Sud and Justice Dharam Chand Chaudhary also cancelled all transfers based on Demand Order (DO) note or Unofficial (UO) note issued by the public authorities on the request of public representatives. However, the court has clarified that if employees have served at one particular place of posting beyond the normal tenure, then it will be open to the state to transfer them in accordance with law.
