Ankush Kumar vs State Of H.P. & Others

Anoop Chitkara, J

The petitioner, who is working as Agriculture Development Officer (ADO), in the office of District Agriculture Officer, Kinnaur at Reckong Peo,

District Kinnaur, H.P., has come up before this Court seeking his transfer from Hard/difficult area to one of the stations of his choice, as per clause

16.1 of the Comprehensive Guiding Principles-2013, issued by the State Government, which provides that the normal tenure of stay of posting in Most

Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers. In this regard, the petitioner has already made a representation dated

26.9.2020, Annexure P-1, which is still pending before the concerned authority.

Notice. Mrs. Seema Sharma, learned Deputy Advocate General appears and accepts service of notice on behalf of the respondents.

In view of the nature of the order, this Court proposes to pass, no response is required from the respondents.

Consequently, this petition is disposed of with liberty to the petitioner to make fresh representation to the respondent/ authorities concerned giving

five stations of his choice, which must be spread in more than one district, within two weeks from today, in the light of clause 16.1 read with clause

16.5 of the transfer policy. On receipt of such representation, the respondent/authorities shall decide the representation of the petitioner, in the light of

the transfer policy occupying the field, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall

consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have

completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the

office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their

normal tenure and the possible places where the petitioner can be posted. Pending application(s), if any, are closed.