Daulat Ram vs State of H.P. and Another

Sanjay Karol, J.—From the impugned order dated 30th June, 2011, (Annexure P-6), it is quite evident that Petitioner has been working at Sub Division, Theog for last more than ten years, as such No. ground for interference in the impugned order of transfer dated 28th April, 2011 (Annexure P-1) transferring the Petitioner from Theog to Kupvi, is made out.

Petitioner submits that post at Kupvi also stands filled up by another person. However, this fact is not evident from the impugned order dated 30th June, 2011. If the post at Kupvi is vacant, Petitioner shall immediately join there.

However, it is equally true that Petitioner is to retire on 31st May, 2013 and as such in terms of the Transfer Policy, subject to availability of vacancy and suitability, employee can be posted at a place of his choice. Petitioner is also suffering from ailment, which fact is evident from Annexure P-2. In any event, Respondent No. 2 shall consider the Petitioner''s case for adjustment at the stations where posts are lying vacant, in terms of the Transfer Policy, keeping in view the date of his retirement and health. Petitioner has already indicated his stations of choice, which is evident from the impugned judgment dated 16th June, 2011. Decision shall be positively taken within a period of ten days from to day.

With the aforesaid observations the petition stand disposed of. Let an authenticated copy be supplied by the Court Master to the Petitioner, today itself.