USHA VERMA Vs. STATE OF HP

JUDGEMENT

(1.) Admit. With the consent of the parties the case is taken up for final disposal. This application has been filed by the petitioner against her transfer order dated 11.2.2000, Whereby the applicant has been transferred from her present place of posting i.e. SDM office Anni to Dy. Commissioner office, Kullu. Vide Annexure -A1. The case of the petitioner is that this order has been issued arbitrarily and malafidely, as the petitioner has served at the present place of posting only for a period eight months. Same has been issued in the colourable exercise of power. The respondents transferred the applicant from SDM office Anni to Deputy Commissioner office Kullu on 2.7.1998 and was relieved and she joined at DY. Commissioner office Kullu, on 31.7.1998 (Annexure -A2). There after the applicant again transferred to SDM office, vide order 25.5.1998, Annexure -A3, Now the respondents/ department has again transferred the applicant from SDM office Anni to DY. Commissioner office, Kullu, vide order dated 11.2.2000, vide Annexure -A1, only, as stated above, after a brief period of 8 months, just to accommodate respondent No.3. The respondent No.3 has received the notice but chose not to file reply, the applicant further states that her husband who is also a Govt. employee, is presently posted at primary Health Centre, Nether in Tehsil Nirmund. Her two children: one is a student of 6th Class (son) and the other of IInd class (daughter) are studying at Anni and are with the petitioner. The distance between Kullu and Anni via Karsog is about 250 KMs., as the road via Jalali remains closed for a few months in a year on account of snow.

(2.) Reply has been filed by the respondents/ Deputy Commissioner, on behalf of respondents No. 1 & 2. In reply it is stated that the transfer has been made "in the face of administrative exigencies and in public interest. The applicant had to be transferred after eight months from her place of posting, is perfectly in consonance with Govt. instructions and transfer policy. Transfer in Govt. Service in public interest and Administrative urgency is an essential part thereof."

(3.) It is further submitted that the transfer order was not arbitrary, malafide, discriminatory and illegal and has been made keeping in view the Govt. instructions and policy and also administrative exigencies in public interest.