BALDEV SINGH PATHANIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner is a Forest Ranger in the respondent -Department. He felt aggrieved by the office order Annexure P3 dated 14.11.2011 whereby he has been transferred from Chakoli Range, Churah Forest Division to Jhanduta Bilaspur Forest Division before completing his normal tenure.

(2.) THE respondents justify the transfer order of the petitioner on the ground that the petitioner is holding Class -II (Gazetted) post, which is transferable and can be deployed anywhere in Himachal Pradesh. It is also submitted that State Government has laid several parameters to transfer its employees vide office circular dated 10th April, 2008 (Annexure R1). Thus referring to Clause -VII of the aforesaid Annexure, it is submitted that no employee can claim his transfer or posting as matter of right, whereas, it will be the prerogative of the State Government to post/transfer any employee anywhere keeping in view the administrative convenience. Respondents also referred to Clause -5 of the said circular which deals with normal posting period of all categories of employees for three years linked with performance and administrative requirement.

(3.) IN the instant case petitioner was transferred and posted as Ranger on 11.11.2010 at Churah Forest Division Chamba and on 14.11.2011 he was transferred from Chakoli Range to Jhanduta Range of Bilaspur Forest Division, that is, after about one year and two days pertinently when the petitioner is to retire on 31.3.2013.