SANJAY KANWAR @ SANJU Vs. STATE OF H.P

JUDGEMENT

(1.) This judgement shall dispose of CWP Nos. 801 of 2013-A , 802 of 2013-A, 1469 of 2013-G and 1996 of 2013-J, as common and overlapping questions of law are involved in all the petitions.

(2.) The petitioner has assailed his transfer vide office order dated 13.2.2013 from HPPWD Dharampur Division to HPPWD Sangrah Division against vacant post. The petitioner was regularized as Motor Mate on 15.11.2008 and was posted at Dharampur Division on 7.4.2010. It has been alleged that transfer of petitioner has been done with political manipulation and not in the public interest. He was threatened by a local politician for transfer. The State has not applied fair method while transferring the petitioner. The State has not considered the seniority of the petitioner. Some of the work inspectors have completed more than 15 years at Dharampur Division only, policy of pick and choose has been adopted for transferring the petitioner. The mother of the petitioner is 76 years old, who is under regular treatment. The petitioner is facing genuine problem. Sangrah is at a distance of 400 kilometers from Dharampur. The petitioner has been transferred under political pressure after his stay of 2 years and 10 months only at Dharampur. The transfer of the petitioner is wrong, illegal and arbitrary.

(3.) The respondents No. 1 to 3 have contested the petition by filing the reply. It has been stated that petitioner was appointed on 7.4.2010 as work inspector and since then he has been serving in Sub Division at Marhi, Division Dharampur. The petitioner has completed normal tenure in his present place of posting. The transfer policy of the government is in the nature of executive instructions. The transfer order dated 13.2.2013 has been issued after the approval of competent authority, who can transfer an employee at any time anywhere in the State. There is no violation of administrative rules nor any malafide is involved in the transfer of the petitioner. The submission has been made for dismissal of the petition.