PRITAM SINGH KAPOOR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present Original Applicant has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 and the applicant has sought mainly for the following reliefs: - (1) That the order dated 3.11.2003 (Annexure -A/2) issued by the respondent No.2 may kindly be quashed. (ii) Any other relief which this Honble Tribunal may deem fit and proper, in view of the facts and circumstances of the case, may also be granted to the applicant. (iii) The record of the case may kindly be summoned up and the cost of the applicant may be awarded in favour of the applicant."

(2.) The present Original Applicant has been filed by the applicant against the order dated 3.11.2003, received by the applicant on 19.11.2003 issued by respondent No.2 vide which the applicant had been transferred from Govt. High School, Rajiana to Govt. High School Dhar -Chandna, District Shimla, whereas it is the fact that the applicant has joined his duties at Govt. High School Rajiana, i.e. at the present place of posting on 11.9.2003 in compliance of the order dated 3.9.2003 issued by the respondent No.3 himself and the applicant has completed a period of just about two months only but vide order dated 3.11.20003 the applicant has been transferred ignoring all the instructions contained in the transfer policy. As such the order dated 3.11.2003 is wholly illegal, arbitrary, unsustainable in the eyes of law, hence deserves to be quashed.

(3.) Reply has been filed by the respondents State. It is submitted by the respondents State in their reply that the applicant is borne on State Cadre and holding a transferable post, thus, is liable to be transferred anywhere in the State depending upon the exigency of service and the applicant has been transferred to Govt. High School Dhar -Chandna, District Shimla in the public interest. The transfer does not amount to punishment but a matter of administrative discretion. It is further alleged that there is growing tendency amongst the employees to serve at the places of their choice and no body is interested to serve in the remote and far -flung area of the Pradesh on one pretext or the other. It is further averred that the present original application filed by the applicant against order dated November 3, 2003 whereby the applicant has been transferred from Govt. High School Rajiana, District Kangra to Govt. High School Dhar -Chandna, District Shimla is not maintainable in the facts and circumstances of the case and submissions made here -in -below, it is apparent on the fact of the record that the applicant joined the replying respondent as TGT on 22.10.1975 and remained posted at the following places: -