CHARAN JIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant is yet another case of political patronage over an employee, which resulted in transfers of the petitioner and respondent No. 2. The petitioner, working and posted as Assistant Engineer (Civil), HPPWD Sub-Division Dhaneta, District Hamirpur, was transferred vide impugned notification dated 15.02.2021 (Annexure P-2), from District Hamirpur to HPPWD Sub-Division NH Chamba, after short stay of one year and eight months at Dhaneta, hence he filed the instant petition.

(2.) It is contended in the petition that on 19.05.2020, respondent No. 1 wrote to the petitioner, seeking his willingness for transfer on mutual basis from HPPWD Sub-Division Dhaneta to HPPWD Sub-Division Barsar. The petitioner, vide letter dated 02.06.2020, conveyed that he has only eleven months stay at Dhaneta and he is at the verge of retirement, therefore, requested that he may be permitted to complete his normal tenure at Dhaneta. However, the petitioner was transferred, ignoring his short stay at Dhaneta, only to accommodate the private respondent, who only completed nine months at Chamba, thus, as per the petitioner, the impugned transfer order is politically motivated, in violation of Transfer Policy and issued on the basis of DU/UO note.

(3.) In reply, respondent No. 1/State averred that since the petitioner is holding Class-I (Gazetted) State cadre post, he is liable to be posted anywhere in the State at any time, in exigency of service and he cannot seek the benefit of Transfer Policy. The reply, which is high in details and low in substance, only revolves around the above-mentioned averment. Lastly, it is averred that impugned transfer order, issued by the competent authority, is in accordance with law, so the same does not require any interference.