DHARAMVIR KAUR Vs. STATE OF HP

JUDGEMENT

(1.) This case calls upon this Court to adjudicate the legality of a spate of transfer orders which has been passed by the State. I must express my consternation at the fact that the docket of this Court is being crowded with the litigation involving disputes transfers which should otherwise be resolved by the State since transfer is an exigency of service governed by instructions issued by the State. The time of this court cannot be consumed by petty bickering, inter se the State and the employees or the employees inter se. Whether reporters of the Local papers are allowed to see the judgment.yes. Administrative decision(s) should be taken reasonably, fairly and without causing any heartburning amongst employees

(2.) Having said that, what I find from the order is that the petitioner, who indisputably joined the place of posting at Baldeyan on mutual consent basis with respondent No.4, was transferred out of that place within a period of two days. Such an act obviously cannot be considered as one in administrative exigency or in the public interest which are two rubrics used by the State to justify transfer order(s).

(3.) This Court can also not be converted into administrative office deciding as to where a particular employee should be posted. In these circumstances, order dated 11.12.2009 Annexure P-3 is quashed and set aside. It will be open to the respondent-State to transfer the petitioner and respondent in accordance with law.