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Paritosh Sharma (PL)     29 November 2022

Transfer stay how to file. already lpa is filed in delhi high court for promotion related issue

Dear  Madam / Sir,

I have file a writ in Delhi High Court in person and got a order and the order is appealed in Delhi High Court by LPA filed in person. The case is related to Promotion.

Now company is trying to transfer me from Delhi to Chennai.

I have some grounds:

Company has no promotion policy so transfer is malafide and arbitrary. Though in offer letter it is mentioned as all india transferrable.

No other person transferred

mother is old age

Please tell me 

1. Should I file an application in the existing/ongoing LPA for Stay of Transfer of Cancellation of Transfer Order

Or

Should I file a seperate Writ Petition for Stay of Transfer or Cancellation of transfer Order.

Also please let me know sections under which to file whatso ever.

 

Please guide urgently.

Regards,

Paritosh Sharma



Learning

 2 Replies

P. Venu (Advocate)     29 November 2022

No definite suggestion is possible unless the Court order is perused.

ella ellapurnell   21 December 2022

The Supreme Court recently held that a letters patent appeal (LPA) against an order of single-judge can be filed only if such order has  retro bowl  trappings of finality​​​​​​​


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