Chet Ram Chauhan vs State of H.P. and Another

Surjit Singh, J.—Heard and gone through the record.

Petitioner is a Senior Forest Guard, employed in the Forest Department of Himachal Pradesh. He has been working in Balsan range of Theog Division, for the last six years. A forest Thana was set up in Balsan range in January 2009 and the Petitioner was posted in that Thana, but the fact remains that there was no change in his place of posting. Vide impugned order, dated 22.5.2010, copy Annexure P-1, he has been shifted to Bashla range of Rohru division. He is aggrieved by this order. His grievance is two fold. First, he, having been posted in Forest Thana only in January, 2009 and having not completed normal tenure of three years in that Thana, should not have been transferred, in view of the Transfer Policy and Guidelines, issued by the Government of H.P.; secondly, he, being due for retirement in one and a half year, is entitled to be posted at a place of his choice, in view of the Transfer Policy of the State.

I have heard learned Counsel for the Petitioner and the learned Deputy Advocate General, and gone through the record.

As regards the first contention, as already noticed, Petitioner has been in Balsan range for the last six years and thus, he has completed his normal tenure of three years, at the said place. Mere fact that he has been shifted from one office to another, i.e. Forest Thana, at the same place, makes no difference.

As regards the second contention, Petitioner is free to make a representation to the authorities concerned, for posting him at a place of his choice, in accordance with the alleged Scheme/ Policy of transfer.

Writ petition is disposed of accordingly.