(1.) BRIEF facts necessary for the adjudication of this writ petition are that vide notification dated 23.1.1999, the State had created one post of Executive Engineer (Mechanical) Class -I (Gazetted) in the pay scale of Rs. 12000 -15500 in the Irrigation and Public Health Department, Himachal Pradesh for I&PH Division No. II, Shimla by way of upgrading one out of the four posts of Assistant Engineers (Civil) created for the office of the Executive Engineer, Survey and Investigation Division, Rohru, in order to monitor the pumping station at Gumma and allied machinery installed at Gumma Station and other Stations at Shimla. The petitioner was promoted to the post of Executive Engineer (Mechanical) from the post of Assistant Engineer (Mechanical) on 20.10.1999. He was ordered vide same notification dated 20.10.1999 to be posted as Executive Engineer (Mechanical) in I&PH Division No. II, Shimla -3. He remained posted in I&PH Division No. II till 20.9.2003. He was transferred to Tube -well Division, Gagret, District Una and joined as such on 1.10.2003. He was transferred to P&I Unit II, Shimla vide notification 10.10.2007. He joined as such on 15.10.2007. He made representation to the Principal Secretary (I&PH) and Secretary (I&PH) vide Annexures A -3 to A -5 against mal -posting and requested that he may be posted as Executive Engineer (Mechanical), which was available at I&PH Mechanical Division No. II. The Engineer -in -Chief vide communication dated 6.6.2008 sent a communication to the Secretary (IPH) to the following effect : - In IPH Department, the cadres of Mechanical Engineers and Civil Engineers is a separate as per R&P Rules notified by the Government from time to time. The Mechanical Engineers are recruited, promoted and posted against their cadre posts only. Similarly, the Civil Engineers are also recruited, promoted and posted against their cadre posts only. -
(2.) IN sequel to the representation made by the petitioner and recommendations made by the Engineer -in -Chief, IPH Department, the petitioner was transferred to Mechanical Divisional No. II vice respondent No. 3 on 13.6.2008. He assumed the charge of the post of Executive Engineer, IPH Mechanical Division No. II on 13.6.2008. However, vide notification dated 20.6.2008, the transfer of the petitioner was cancelled in public interest. The petitioner has assailed this order dated 20.6.2008 by way of present petition.
(3.) MR . R.K. Sharma, Senior Additional Advocate General and Mr. Ajay Mohan Goel, Advocate appearing on behalf of the respondents have supported the impugned order dated 20.6.2008.