DEVANAND Vs. STATE OF HP

JUDGEMENT

(1.) This writ petition has been filed by petitioner, Devanand, challenging the order of transfer dtd. 15/12/2020 (Annexure P-2), whereby he has been transferred from Jal Shakti Division Nalagarh to Jal Shakti Division Nohradhar, vice respondent No.5, Upma Devi, both of whom were working on the post of Superintendent Grade-II.

(2.) The petitioner was appointed as a Clerk in the year 1990 in IPH Circle Nahan, which is now Jal Shakti Vibhag Circle Nahan. According to the petitioner, he served the respondent-Department at various places, including IPH Division, Ghumarwin and Jhandutta, District Bilaspur, Reckong-Peo, District Kinnaur, Dharampur etc. in his short period of service to their utmost satisfaction. He had only on 14/5/2020, joined at the present place of posting on promotion, as Superintendent at Nalagarh, but suddenly, vide impugned order dtd. 15/12/2020, he has been ordered to be transferred to Jal Shakti Division, Nohradhar, District Sirmaur, vice respondent No.5, just after six months of his joining.

(3.) According to Mr. Varun Chandel, learned counsel for the petitioner, the transfer of the petitioner is contrary to the Transfer Policy of the State Government promulgated vide Office Memorandum dtd. 10/7/2013, containing Comprehensive Guiding Principles-2013 for regulating the transfers of the State Government employees. The aforesaid Transfer Policy is quite comprehensive and an ideal Policy, if it is really implemented in the manner in which it has been framed. The petitioner has alleged that he has been transferred after a short period of six months at the recommendation of respondent No.6, Sh. K.L. Thakur, the Ex-MLA of Nalagarh, under U.O. Note No.258148 dtd. 10/12/2020, which is in violation of judgment dtd. 19/1/2015 rendered by the Hon'ble Supreme Court passed in Special Leave to Appeal (C) No.21772/2014, titled State of H.P. and Ors. vs. Tara Devi and Anr. Learned counsel has contended that the order of transfer is made with a view to illegally accommodate private respondent No.5, who has joined at Nohradhar only on 21/10/2020 and continuously remained on leave for two months and finally managed through respondent No.6 to be transferred herself again to Nalagarh.