CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant is aggrieved by the impugned order passed by the respondent department dated 13.8.2003 whereby the applicant has been ordered to be transferred from his present place of posting i.e. Killar to Chobhia (Bharmour) at the distance of about 800 Kms vide Serial No.1 which is annexed as per Annexure -A/1. It is alleged by the applicant that he has been transferred from Tribal area to another Tribal area without affording an opportunity of exercising option for choice station.

(2.) Reply has been filed by the respondent State. It is submitted by the respondent State. It is submitted by the respondent State in their reply that the present Original Application filed by the applicant is not maintainable because, the applicant is JBT, who has the District cadre, therefore, he can be transferred any where within the District. It is further alleged that the transfer of the applicant from Govt. Primary School, Killar to Govt. Primary School, Chobhia (Bharmour) has been made with the prior approval of the competent authority, because the applicant from his initial appointment i.e. from 27.5.1999 is serving in Govt. Primary School, Killar. It is further averred that so many Primary School in Himachal Pradesh are located in the remote area, therefore, the JBT Teacher have to serve any where even if the same is away from his/her native place because a person has no right to serve in the same School for a indefinite period. The address given by the applicant in the memo of parties shows that the applicant is the resident of Tehsil Pangi, District Chamba. Now vide order dated August 13,2003 (Annexure -A/1) he has been ordered to be transferred to Govt. Primary School Chobhia (Bharmour) which is also tribal area. Therefore, question for giving choice of station before issuing the transfer orders does not arise at all The applicant also belongs to the District Cadre post and he has to serve any where irrespective of the distance of the station.

(3.) 1 have heard the learned counsel for the applicant and the learned Law Officer, and have gone through their pleadings very carefully. It is admitted position from the pleadings that the applicant since his initial appointment till today is serving in Pangi Block. It is also admitted position from the pleadings that by now the applicant has completed 5 years of stay in tribal area and the respondent department has transferred the applicant form Killar to Chobia which is at the distance of 800 Kms and the Chobhia (Bharmouir) is also tribal area. As per the policy framed by the Government of Himachal Pradesh a person who have completed 5 years of stay in the tribal area he/she is entitled to station of his/her choice. In the instant case applicant has completed more than five years in the Tribal area and the reply filed by the respondent State is contrary to the policy framed by the Government of Himachal Pradesh.