RISHI PAL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed notification dtd. 28/2/2023, Annexure P-4, whereby the petitioner has been ordered to be transferred from DIET Nahan (SMR) to GSSS Jaihar (SMR) and respondent No.3 has been ordered to be transferred from GSSS Dadahu (SMR) to DIET Nahan vice petitioner.

(2.) Petitioner has taken exception to the impugned transfer notification on the ground that the same is neither for any administrative exigency nor in public interest, rather has been effected only to accommodate respondent No.3 at the instance of local MLA (respondent No.4). It is also the case of petitioner that his transfer is in violation of the norms fixed by the Government of Himachal Pradesh for the personnel serving DIET, which prescribes minimum five years tenure for the principal. Petitioner has also levelled allegations of bias against respondent number 4.

(3.) The official respondents have contested the prayer of the petitioner on the ground that the petitioner is holding Class-I (Gazetted) State cadre post and is liable to be posted anywhere in the State on administrative requirement. As per respondents No. 1 and 2, since the pay, seniority, status and scale of the petitioner has not been affected in any manner, therefore, he cannot have any grievance against the notification dtd. 28/2/2023. It is further submitted that the guidelines formulated by the State Government cannot have the consequence of depriving or denying the right of competent authority to transfer an employee in public interest or in exigency of service.