ANAND SWAROOP SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition has been preferred by the petitioner against the transfer order, dated 26.12.2019 (Annexure P-1), whereby he has been transferred from Tube Well Division, Gagret to EE (Store Purchase) IPH HQ, Shimla-5.

(2.) It is not in dispute that the petitioner has been working at Tube Well Division, Gagret for the last more than 3 1/2 years and was, thus, could have been transferred. However, it is vehemently argued by the learned counsel for the petitioner that the transfer is not on account of any administrative exigency, but is a colourable exercise of power to accommodate respondents No.5 and 6. It is further urged that the petitioner is due to retire in December 2020 and could not have been transferred. Lastly, it is urged that the wife of the petitioner is having arthritis problem, which would make it extremely difficult for him to join at Shimla.

(3.) It is trite that transfer is an incidence of service and as long as the authority acts keeping in view the administrative exigency and taking into consideration the public interest as the paramount consideration, it has unfettered powers to effect transfer subject of course to certain disciplines. Once it is admitted that the petitioner is State government employee and holds a transferable post then he is liable to be transferred from one place to the other within the District in case it is a District cadre post and throughout the State in case he holds a State cadre post. A government servant holding a transferable post has no vested right to remain posted at one place or the other and courts should not ordinarily interfere with the orders of transfer instead affected party should approach the higher authorities in the department. Who should be transferred where and in what manner is for the appropriate authority to decide. The courts and tribunals are not expected to interdict the working of the administrative system by transferring the officers to "proper place". It is for the administration to take appropriate decision.