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Judgment
7 paragraphs · 349 wordsTarlok Singh Chauhan, J
Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of following substantive relief:
" That the impugned office order dated 15.02.2021 Annexure P1, whereby the petitioner has been ordered to be transferred from the office of Subject Matter Specialist, Fruit Canning Unit Rajpura, District Chamba to the office of Subject Matter Specialist, Pangi, District Chamba, H.P. may very kindly be quashed and set aside and the petitioner may very kindly be allowed to complete his normal tenure of 35 years at the present place of posting i.e. in the office of Subject Matter Specialist, Fruit Canning Unit, Rajpura, District Chamba in the interest of justice."
From the reply filed by the respondentsState, it is evident that there are only three posts of Peon existing in District Chamba, i.e. two posts under the control of Deputy Director of Horticulture, Chamba and one post under the control of Subject Matter Specialist (SMS), Rajpura, where the petitioner is working. Two posts under Deputy Director of Horticulture, Chamba stand filled up, i.e. one by Naresh, who has also not served the tribal area and is older than the petitioner and the second incumbent, posted under Deputy Director of Horticulture, Chamba, is one Jaswant Singh, who has already served in the tribal area right from the year 1994 to 2007 and has also attained the age of 55 years.
Since respondent No. 3 has completed his normal tenure of service in tribal area and has attained the age of 59 years, therefore, he has been rightly transferred against the petitioner, who is stated to have not served in the tribal area.
It needs no reiteration that the post in the tribal area cannot be kept vacant and since the petitioner is younger in age and has not served in the tribal area, obviously he has no reason(s) to complain.
Consequently, we find no merit in the instant petition and the same is accordingly dismissed, so also the pending application(s), if any, leaving the parties to bear their own costs.