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lissing perme (unemployed)     11 February 2011

Transfer

Mr.A,a contract teacher in SSA( Sarva Shiskha Abhiya). Within 2 year Mr.A have been transfer four time to different school by authority under the influence/order of political boss.

Now my quires are

1-is this not against the service jurisprudence in India.???

2-need Citations/ruling by Supreme Court/High Court which prohibit such autocratic act by authority.



Learning

 2 Replies

Kirti Kar Tripathi (lawyer)     14 February 2011

So far as tranfer is concerned, no doubt, it right of the management/employer to judge, where the services of of an employees can be utilised in best way and he has aboslute power to transfer an employee as he wish and an employee can not question this poer of employer unless it is malafide, lack of bondide, against the policy of transfer, if any and amounts to victmisation of employee. Frequent transer can be termed as  victmisation of employee and there are nos. of judments, where the Hon'ble Apex Court and High Courts interfered in the transfers on this ground. So for a political interferance is concerned ealier, it was a good ground for challenging the transfer but at present, the Court are relectant to interfere on this ground unless petitioner shows and malafide.

lissing perme (unemployed)     14 February 2011

 

Kirti Kar Tripathi sir! thank's you!!


"Pliz!!sir!! Frequent transer can be termed as  victmisation of employee and there are nos. of judments, where the Hon'ble Apex Court and High Courts interfered in the transfers on this ground". -Pliz!!mention some judgment,I URGENTLY NEED THAT.


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