SANJAY KUMAR 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 petitioner has filed supplementary affidavit dated 16.6.2013. It has been stated in the supplementary affidavit that petitioner has been transferred on the reference of one Mr. Chandershekher a politician having affiliation with particular political party, who even contested the election of legislative assembly constituency Dharampur, Mandi, but lost. It has been stated that about 400 transfers have been made at the behest of said Mr. Chandershekher. In this context, D.Os. reference notes (collectively) Annexure A-1 has been placed on record with the supplementary affidavit. The respondents No. 1 to 4 opted not to file any counter to the supplementary affidavit dated 16.6.2013. CWP No. 802 of 2013-A.