LAWS(HPH)-2021-1-17

CHAMAN LAL Vs. STATE OF H P

Decided On January 01, 2021
CHAMAN LAL Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) The writ petitioner, through the instant writ petition, impugns Annexure P-1, where through, he has been transferred from Kullu, as DM, FWD, Kullu to Kinnaur, as DFO, Kinnaur. Annexure P-3 was made, within less than two years expiring, since the making, of, Annexure P-1, and, where through, he became transferred from the post of DFO Kinnaur, to the post of DM, FWD, Rampur. Resultantly, the learned counsel for the petitioner, argues that the right, of, completion, of, a tenure of three years, as DFO, Kinnaur, has become denied, to the petitioner, despite, the relevant norm(s), hence encapsulated in the apposite policy, making enshrinements, rather forbidding the employer to, before expiry of three years, of, the officers/officials concerned, at the stations concerned, hence make an order, of, transfer upon him. However, the vigor of the afore espousal becomes deadened, through a perusal, becoming made, of, clause 10, of, the guiding principles, as become formulated, for regulating the transfer(s), of, Public Officers/officials, clause whereof, becomes extracted hereinafter:

(2.) Besides, when the afore clause is, also, enshrined to be inapplicable, to all officers belonging , to, IAS/HPAS/HPPS/HPFS, other allied services, and, is also made inapplicable, to, all Class I and II Officers, and, importantly, when the petitioner, is, uncontrovertedly, an Officer, belonging to the Himachal Pradesh Forest Services, (a) thereupon, merely upon his tenure, of, three years, as DFO Kinnaur, becoming shortened, through the making(s), of, the afore made transfer order, he cannot hold any valid grudge, against the impugned transfer order.

(3.) Moreover, since it is also un-repulsedly contended, on an affidavit, hence sworn by a responsible functionary, qua the State/competent authority, also meteing its approval thereto, thereupon, the vigor of any oral espousal, addressed before this Court, by the learned counsel, for the petitioner, that it is made without any approval being granted thereto, by the competent authority, becomes completely unfounded. In summa, the, afore made submissions become mis-founded.