PRAVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is one more of the perennial disputes between two politically heavyweight government employees qua their vice-versa transfers. Resultantly, by medium of the instant petition, the petitioner has laid challenge to transfer/Office Order, dated 18.02.2021 (Annexure P-1), whereby he has been transferred from GSSS Nabahi, Mandi, to GSSS Barang, Mandi.

(2.) The facts giving birth to the instant petition can tersely be encapsulated as under: The petitioner, a Trained Graduate Teacher (TGT) (Arts), has been transferred through Annexure P-1 from GSSS Nabahi, Mandi to GSSS Barang, Mandi, and respondent No. 4, who is also TGT (Arts), replaced him. Purportedly, respondent No. 4 managed a D.O. Note in his favour, whereupon he was transferred and as sequel the petitioner was disturbed. It is further contended that respondent No. 4 has been transferred from his last place of posting by condoning his short stay. Furthermore, the transfer of the petitioner has been effected amidst academic session, in violation of Comprehensive Guiding Principles-2013 of Transfer Policy. The petitioner also took aid of some ancillary grounds for laying challenge against the impugned transfer order (Annexure P1), viz., his mother is 72 years old cardiac patient, he is only helping hand to her, his transfer is neither in public interest nor in exigency of service. Lastly, the petitioner has prayed that the impugned transfer order (Annexure P-1), being an aftermath of D.O. Note issued in favour of respondent No. 4, be quashed and set-aside.

(3.) Conversely, respondents No. 1 to 3/State, by way of filing an extensive reply, resisted and denied the claim of the petitioner. As per respondents No. 1 to 3, the petitioner has been posted at GSSS Nabahi, Mandi, since 04.10.2017 and vide impugned transfer order, dated 18.02.2021 (Annexure P-1) he has been transferred to GSSS Barang, Mandi, and in his place respondent No. 4 was transferred. As per the official respondents, transfer is an incidence of service and all the employees working under the State Government are liable to be transferred and posted anywhere in the State. Moreover, the petitioner has been transferred after due approval of the competent authority, only when he completed his normal tenure at GSSS, Nabahi, Mandi. It is further averred in the reply that the petitioner got himself transferred from GSSS Khuddi Khahan, Mandi, to GSSS Nabahi, Mandi, by procuring a D.O. Note, so he has no right to assail the impugned transfer order on the ground that present transfer is an upshot of D.O. Note issued in favour of respondent No. 4. Lastly, it is prayed that the extant writ petition, being devoid of merits, be dismissed.