- Appellant, D.E.O., was transferred in Government Girls High School Malhar vide notification dated 14.2.2007 before the statutory period of posting, i.e., two years — Vide notification dated 2.3.2007 the earlier notification was recalled — Although no reason is given in notification whereby earlier notification is recalled but spirit of rescinding the notification underlines the intention of Government whereby the minimum period of posting at a place is fixed as two years — Although it is short of two months only but the fact of the matter is that the statutory period fixed by Government under its policy has to be adhered to — This is the minimum period of stay, any period beyoned that is the discretion of the Government — Contention, that it is the place of posting, not the post which is of essence under Government notification dated 1.1.2001 needs hardly to be repelled as it is not only the place of posting alone but the position of posting as well for the reason that unless a person posted against a particular position at a particular place is given the minimum time to deliver what he/she is required given the nature of his/her job, her/his suitability for holding any position in Government cannot be judged by competent authority while dealing with his case for promotion, transfer or any reward or punishment — Held: Unless statutory protection is given for stay at a particular station and position, the concerned person cannot perform the duty with equanimity and dedication according to his best ability and skill, as a very short or brief or insecure time of posting at a position and keeping the civil servant at the mercy of the authority renders him incapable of proving his worth — Held: Both these factors have to co-exist — In Education Department in particular, this factor is of prime importance as it relates to upbringing of academic career of the generations. Naseem Akhtar Minhas v. Siddiqa Noor & 6 others 2008 SCR 127 (A)
- Stay at a station beyoned the statutory period is not stipulated — It is minimum only, not the maximum period of posting and the competent authority is authorised to post or keep on posted a civil servant against a particular post as long as his services are required against that post. Naseem Akhtar Minhas v. Siddiqa Noor & 6 others 2008 SCR 127 (B)
- Every person governed by this policy of posting must gets its benefit, so that, every one is being benefited by it, but not at the cost of others — Rotation of the persons according to the policy is its essence, except in a case which is deemed otherwise by competent authority in the interest of administration. Naseem Akhtar Minhas v. Siddiqa Noor & 6 others 2008 SCR 127 (C)
error: Content is protected !!