Ajeet Negi vs State Of Himachal Pradesh & Another

Tarlok Singh Chauhan, J

The petitioner is a Class-I Officer, working as Executive Engineer in Jal Shakti Department. Vide order dated 21st July 2020 (Annexure P-1), he

has been transferred to the office at Shimla and aggrieved thereby, has filed the instant petition, mainly on two grounds; one regarding short stay and

that transfer has been effected on the basis of a D.O. note. As regards the duration or short stay, suffice it to say that Class-I Officers are not

protected under the transfer policy as is evident from clause-10, which reads as under:-

“10. Normal stay at a place: The Government can transfer any officer/official at any time irrespective of stay, in view of the administrative

exigency, in the public interest. However, normally the tenure/stay of an officer/official at one station shall be three years which will not be applicable

to the Officers of IAS/HPAS/HPPS/HPFS. Other allied Services and all Class-I & II Officers.â€​

Adverting to the second ground that transfer of the petitioner being effected on the basis of a D.O. note, it is not in dispute that the same is effected

on the basis of a D.O. note, but that is on account of compelling conditions of the respondent No.2, who is suffering from blood cancer (Pre B-Cell

Acute Lymphoblastic Leukemia Ph negative). It is well settled that in case an employee has certain difficulties in the matters of his posting and

transfer, the proper course for him/her to approach the employer and in case the employer has acted bonafidely in ordering the transfer and posting on

the basis of such representation, then this Court will not interfere in such orders.

Consequently, we see no merit in the instant writ petition and the same is dismissed accordingly, so also the pending miscellaneous application, if

any, leaving the parties to bear their own costs.