SUBHASH CHAND S/O SHRI JAGDISH CHAND Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY TECHNICAL EDUCATION TO THE GOVERNMENT OF HIMACHAL PRADESH SHIMLA

JUDGEMENT

(1.) BY means of this petition the petitioner has challenged the order dated 21.12.2011 annexure P-4 whereby he has been ordered to be transferred from Govt. Polytechnic, Hamirpur to Govt. Polytechnic, Talwar, District Kangra.

(2.) NORMALLY, this Court is reluctant to interfere in the transfer orders passed by the administrative authorities but the facts of this case are rather peculiar. The petitioner joined as lecturer (Physics) on contract basis and was posted at Govt. Polytechnic, Rohru. He remained there for about 10 years and his services were regularized in the month of September, 2011. Immediately after his regularization the petitioner made a request that he be adjusted near his home town since his mother had expired, his father is an old man and unwell and his wife is also getting herself treated from Christian Medical College, Ludhiana. This request of the petitioner was accepted by the Government and the competitive authority issued notification transferring him from Govt. Polytechnic, Rohru to Govt. Polytechnic, Hamirpur on 8.12.2011. However, the petitioner was not being relieved and therefore he filed CWP No. 11298 of 2011 in this Court . This petition was disposed of on 20.12.2011 with a direction to the Principal, Govt. Polytechnic, Rohru to relieve the petitioner within two weeks.

(3.) IN view of the above discussion the writ petition is allowed. The order of transfer dated 21.12.2011 is set- aside and the petitioner shall be permitted to function at Hamirpur for his normal tenure unless the exigencies of service require otherwise. No costs.