RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) It is for the second time that the petitioner has been compelled to approach this Court seeking quashment of his transfer, which has been effected on the basis of U.O. Note No. Secy./C.M-7004/2012-VIP-B-143360 dated 17.6.2014 received from the office of Hon'ble Chief Minister.

(2.) Initially the petitioner vide order dated 7.2.2014 was ordered to be transferred from Horticulture Extension Centre, Sundla, Development Block Salooni, District Chamba to Plant Protection Centre, Ratnari Development Block, Jubbal & Kotkhai, District Shimla against the vacancy. This order had been effected on the basis of D.O. No. Secy/CM-07004/2012-VIP-B-114510 dated 10.01.2014. The petitioner approached this Court by filing CWP No. 1261 of 2014 and the said transfer was cancelled on the basis of the decision of this Court in Amir Chand v. State of Himachal Pradesh, 2013 2 HimLR 648, to which decision we shall advert to later.

(3.) Thereafter vide order dated 3rd August, 2014 the petitioner was again transferred to the said station. This transfer has been assailed on the ground that the same is illegal, arbitrary and against the settled norms and the petitioner has been transferred to a distance of nearly 500 kilometers without taking into consideration that his children are studying in 9th and 6th class, respectively. These generalized grounds appear to have been taken because the office order dated 3.8.2014 on the face of it appears to be innocuous.