RAM PADAM, S/O. SHRI MANTA RAM, RESIDENT OF VILLAGE AND POST OFFICE NICHAR, TEHSIL NICHAR, DISTRICT KINNAUR, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY, I & PH, TO THE GOVT. OF H.P. AT SHIMLA,

JUDGEMENT

(1.) XXXXX.

(2.) PETITIONER is aggrieved by the issuance of order dated 10th June, 2011, whereby he has been transferred from I & PH Sub -Division, Nichar to I & PH Sub -Division, Pooh. The distance between I & PH Sub -Division, Nichar and the place where the petitioner has now been transferred, i.e., I & PH Sub -Division, Pooh is more than 120 kms. Petitioner belongs to Class -IV category. He also belongs to the lowest strata of the society. Respondent -State has framed the norms regulating the transfers of its employees. According to the professed norms followed by the State, the lowly paid employee, including Class -IV employee, as far as possible, is permitted to serve near his/her native village/town. In the instant case, the petitioner has been transferred to a place which is at a distance of 120 kms. from the present place of posting of the petitioner. The power to transfer is coupled with the duty to ensure judiciousness. Consequently, the transfer of the petitioner from I & PH Sub -Division Nichar to I &PH Sub -Division Pooh is declared arbitrary.