SATYAWAN MEHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By medium of the extant writ petition, the petitioner is seeking the following substantive relief:

(2.) Tersely, the fact of the case, as encapsulated in the writ petition, are that in the year 1986 the petitioner, on his appointment as Clerk, given posting in the office of Division Forest Office Kotgarh and in 1989 he was transferred to Division Forest Office Nichar, District Kinnaur. As per the petitioner, in the year 1999, he was further transferred to Wild Life Division Sarahan and in 2017 he was transferred to Wild Life Circle, Shimla. A year later, in 2018, he was transferred to Forest Division Reckong Peo, Kinnaur, however, through impugned order dated 20.08.2020 (Annexure P-1) the petitioner was transferred from Forest Division Reckong Peo, Kinnaur, to the Office of APD, JICA Project Rampur, District Shimla and as per the petitioner, he was transferred only to accommodate private respondent No. 3.

(3.) As per the petitioner, he did not complete his normal stint at the present place of posting and private respondent No. 3, who was promoted as Superintendent Grade-II, was transferred to JICA Project Rampur, managed a D.O. note, whereupon she got her transfer cancelled and ultimately petitioner was transferred. Thus, the petitioner, feeling aggrieved, laid challenge to the impugned transfer order dated 20.08.2020 (Annexure P-1). The petitioner contends that action of respondents No. 1 and 2, in transferring him, is unjust, unfair, arbitrary, discriminatory and thus it cannot sustain in the eyes of law. It is further contended that as per notification dated 23.07.2020 (Annexure P-2) no transfer can be made during the ban period, so the transfer of the petitioner is in violation of Annexure P-2. As per the petitioner, private respondent No. 3 served for 20 years in the Office of Kinnaur Forest Division at Reckong Peo and on her promotion, she was transferred to JICA Project, Rampur, however, she managed a D.O. note and in order to accommodate her, the petitioner was transferred. Lastly, the petitioner prays that the extant writ petition be allowed and impugned transfer order dated 20.08.2020 (Annexure P-1) be quashed and set-aside.