RAKESH CHANDEL Vs. STATE OF H.P.

JUDGEMENT

(1.) This original application has been filed by the applicant feeling aggrieved by the transfer order dated 27.8.2005 to Reckong Peo from Bilaspur with the prayer to quash the same.

(2.) The brief facts of the case are that the applicant who had earlier served at Bharari and was adjusted at Bilaspur vide order dated 27.5.2005 on his request. Subsequently, within a short span of three months he was transferred from Bilaspur to Reckong Peo vide order dated 27.8.2005 (Annexure -A -2). The applicant is aggrieved by the pre -mature transfer within a short span of three months mainly on the ground that he should have been allowed to complete his Normal (sic -normal) tenure after his request was considered to post him at Bilaspur. The applicant mainly relied upon the transfer polity (sic -policy) of the State Government under which the normal tender "of three to five years is prescribed. It has been further alleged by the appellant that his transfer was ordered pre -maturely to accommodate respondent No.3 who was under transfer to Reckong Peo and his orders to that place were canceled while ordering the ; transfer of applicant to Reckong Peo. On these grounds the applicant has alleged that the impugned transfer is discriminatory and arbitrary in nature.

(3.) Reply was filed by the respondents in which the claim of the applicant was disputed mainly on the ground that the transfer is an implicit and essential condition of service and it is the discretion and prerogative of the competent authority in the Government to post any employee any where in the state in the public interest as per administrative necessity. The claim of the applicant has also been opposed on the ground that he had remained posted in District Bilaspur for over 17 years and in view of this, any transfer to any other place is justified being state cadre category. In view of this, it has been further mentioned that the applicant can be posted any where in the State and no accrued and legitimate right of applicant has been infringed or denied to him by way of the present transfer.