Chaman Lal vs State Of H.P. And Another

Tarlok Singh Chauhan, J

The instant petition has been filed by the petitioner for the grant of following substantive reliefs:

a) Issue a writ in nature of mandamus directing the respondent to transfer the petitioner from present place of posting which is a difficult area sub­cadre to place of his choice as per transfer policy and instructions of the State.

b) Issue a writ in nature of mandamus that respondents are further directed to transfer and relieve the petitioner from present place of posting i.e. GHS Bharara u/c GSSS Loh Tikri District Chamba, H.P. forthwith in relaxation to the condition of joining of the substitute in place of the petitioner in terms of the judgment of this Hon'ble Court dated 23.10.2018 in CWP No. 2114 of 2018 and judgment dated 24.12.2020 in CWP No. 5801 of 2020.

The petitioner has completed his normal tenure of service in a tribal area and thus, he is entitled to be transferred to a soft area as a matter of right. Even though, the petitioner has set­out the stations of his choice in para­9, however, we do not find any of these stations to be outside of his home District.

The petitioner is directed to submit a fresh representation setting out therein the five stations of his choice, one of which shall essentially be outside of his home District.

On making such representation, respondent No.2 is directed to consider and decide the case of the petitioner and issue consequential order of his transfer within a period of two weeks thereafter.

The instant petition is disposed of in the aforesaid terms, so also the pending miscellaneous application(s), if any.

For compliance, to come up on 11.05.2021.