GUMAN SINGH Vs. STATE OF H.P

JUDGEMENT

(1.) THE petitioner, who is serving in the respondent -Department as Deputy Ranger, was transferred from Kotla Block to Renuka Wild Life Zoo vide office order dated 14.1.2010, Annexure P -1. Thereafter, after stay of less than a month, his transfer orders were cancelled vide office order dated 4.2.2010, Annexure P -2. Being aggrieved, the petitioner filed CWP No. 385 of 2010 in this Court and the same was disposed of by a Division Bench of this Court vide order dated 18.3.2010 with liberty reserved to the petitioner to file an appropriate representation before the first respondent Consequently, the petitioner submitted representation Annexure P -4 to the second respondent, which has been rejected by respondent No. 1 vide order dated September 9, 2010, Annexure P -5, on the ground that the petitioner could not have been posted in Renuka which is his Home Range. With regard to the policy of the State Government not to post officials in the home range, the petitioner has set up the following averments vide para 10 of the petition: - 10. That moreover the respondents have a number of other persons serving their home range namely Amar Singh, Dy. Ranger, Majri Check Post, Khatri Ram, Dy. Ranger, Home Range Shillai, Deen Dayal Forest Ranger, Trilokpur, Satish Negi, D.F.O. Wild Life Division Sarahan Division and the petitioner has been made an exception in an arbitrary manner just to accommodate respondent No.5. A copy of the order dated

(2.) 2.2010 is annexed herewith as Annexure P -6 for the kind perusal of this Hon'ble Court. 2 In reply to the above averments on behalf of the petitioner, respondents No. 1 to 4 have stated as under vide para 10 of their reply: -

(3.) WHILE passing interim stay order dated 25.10.2010, a Division Bench of this Court had recorded the submission of the petitioner that he has been transferred during the mid academic session which affects the education of his children. It was further recorded that if the petitioner is required to be transferred, he is willing for transfer to any place after the academic session. Now since the academic session is nearing completion, such ground is not available to the petitioner.