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Judgment
The instant special appeal has been filed by the appellant
against the judgment dated 08.09.2016, passed by learned Single
Judge in S.B. Civil Writ Petition No.8741/2016.
The learned Single Judge while dismissing the aforesaid writ
petition observed that transfer is an incident of service and the
employer has right to transfer its employee on account of
administrative exigency. We are also of the same view.
After hearing learned counsel for the appellant as well as
learned Addl. Advocate General, we have perused the interim
order dated 11.11.2016, passed in the instant appeal.
After perusing the aforesaid order, without interfering in the
judgment impugned, we deem it appropriate to dispose of this
appeal while granting liberty to the appellant to file representation
against impugned transfer order before the competent authority
and raise all the grounds before it within a period of 15 days after
receiving certified copy of this order. Upon receiving such
representation, the competent authority shall decide the same
within a period of one month thereafter. In the meantime, the
order dated 11.11.2016 shall remain in currency. If salary of the
appellant-petitioner is due, the same shall be paid within a period
of one month from the receipt of copy of this order. The special
appeal is hereby disposed of in above terms.