BRIJ LAL THAKUR Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD.
HIGH COURT OF HIMACHAL PRADESH
BRIJ LAL THAKUR
HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD.
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Tarlok Singh Chauhan,J. -
(1.) It was the Government itself, which vide letter dated 20th July, 2019, had imposed complete ban on transfers with clear stipulations that no transfers or adjustments would be ordered by any Departments/Boards/Corporations/ Universities etc. during the ban period without obtaining the prior approval of the Hon'ble Chief Minister to the concerned Minister-in-Charge, that too in the circumstances specifically provided under para 8 of the Comprehensive Guiding Principles-2013, circulated vide OM No.Per(AP-B)-E(3)- 17/2012, dated 10.07.2013, which reads as under:-
"8. During the ban period: During the period of ban, transfers will be ordered with the prior approval of the Chief Minister, if needed, that too in the following circumstances:-
(i) To fill up the required posts lying vacant in tribal/difficult/hard area which need immediate filling up in the public interest or such functional posts in the absence of which the work is suffering.
(ii) To fill up the vacancies arising on account of retirement, promotion and new creation.
(iii) In the cases where employees are transferred on account of disciplinary proceedings/vigilance cases/criminal proceedings etc.
(iv) To fill up the vacant posts in view the administrative exigencies.
(v) In the cases of exigencies and on administrative grounds as well as priorities of the Government, by recording reasons in writing, the condition of short stay and short distance can be condoned."
(2.) After issuance of the aforesaid notification, it was noticed by the Government that despite the instructions frequent transfers in other eventualities were being made by the various Departments/Boards/Corporations/Universities were still being made in violation of the instructions. Therefore, the State Government vide its notification dated 23.07.2020 decided to impose complete ban on transfers and directed that no transfer or adjustment shall be ordered by the Departments/Boards/ Corporations/Universities during the ban period except in rarest of the rare cases i.e. only on extreme medical grounds or on administrative exigencies that too with the prior approval of the Hon'ble Chief Minister through the concerned Minister-in-Charge in accordance with the Comprehensive Guiding Principles dated 10.07.2013.
(3.) The aforesaid instructions were thereafter modified vide notification dated 19.11.2020 by continuing the ban on general transfers and permitting transfers only on the following eventualities that too with the prior approval of the competent authority:-
3. Broadly, transfers may be ordered, strictly with approval of the competent authority, only in the following eventualities:-
(i) To fill up vacant posts in tribal/difficult/hard areas;
(ii) To fill up vacancies arising out of retirements, promotions and creation of new posts;
(iii) Transfers necessitated on account of disciplinary matters, vigilance cases, criminal proceedings etc.; (iv) In cases involving administrative grounds and exigencies. ;
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