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Judgment
19 paragraphs · 339 wordsJyotsna Rewal Dua, J
Notice. Mr. R.R. Rahi, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 and 2. No notice is
required to be issued to respondent No.3.
Heard.
The petitioner has been transferred to GMS Challing under complex GSSS Tingret, District Lahaul & Spiti vide order dated 4th February, 2021
(Annexure P-2). The transfer has purportedly been effected in compliance to the judgment rendered by a Division Bench of this Court in CWP
No.4507 of 2020, decided on 15.10.2020. Learned counsel for the petitioner submits that the petitioner is faced with some adverse medical situation,
due to which, it will be extremely difficult for her to serve in GMS Challing, District Lahaul & Spiti.
It has been repeatedly held by this Court that transfer is an incidence of service and no one has an absolute right to stay at a particular place for
years together. The place, where an employee is to be posted and when he is to be posted is the prerogative of the employer, to be exercised in
accordance with law and as per the applicable policy/instructions. In case the petitioner has some adverse medical circumstances, then it is for her to
file representation in that regard to her employer.
Therefore, in the instant case also, it is open for the petitioner to submit a representation to respondent No.2 highlighting her medical condition within a
period of one week from today. In case the petitioner files a representation within this period, then the same shall be decided by the respondent, on its
own merit and without disturbing the impugned transfer order insofar as respondent No.3 is concerned (which is the result of implementation of
judgment in CWP No.4507 of 2020), within a period of two weeks thereafter. It will be open for the petitioner to avail leave of the kind due during the
aforesaid period.
With these observations, the writ petition stands disposed of, so also the pending miscellaneous application(s), if any.
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