VIJAY KALIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for the following substantive relief:-

(2.) The grievance of the petitioner is that impugned transfer order dtd. 7/7/2021, whereby the petitioner has been transferred from Civil Hospital, Indora, District Kangra, H.P. to Dr. RPGMC&H, Tanda, District Kangra, H.P is vitiated on the grounds firstly that petitioner was transferred within a short span of less than five months, secondly, the transfer was on the basis of D.O. Note, thirdly, the impugned order was in violation of the "Comprehensive Guiding Principles-2013" inasmuch as respondent No.2 being a contract employee could not have been transferred before completion of three years and lastly, that transfer was effected during ban period.

(3.) Respondent No.1 has contested the claim of petitioner on the ground that petitioner was a Class-I officer and as such, normal tenure prescribed for an employee vide comprehensive Guiding Principles 2013 was not applicable. It has also been contended that the impugned transfer order was effected with prior approval of competent authority, in relaxation of ban on transfer/contract policy.