Govind Ram vs State Of H. P. & Ors

Tarlok Singh Chauhan, J

The instant petition has been filed for the grant of following reliefs:-

(i) That the respondents may be directed to produce the transfer order 10.11.2020 as has been mentioned in the impugned relieving order and after

calling for the same from the respondent, same may be quashed and set aside.

(ii) That impugned relieving order dated 04.12.2020 (Annexure P-1) may be quashed and set aside qua the petitioner.

(iii) That the respondents may be directed to allow the petitioner to continue working as a Pump Operator at Jal Shakti Section Naina Tikker, District

Sirmaour, Himachal Pradesh till his retirement in May, 2022.

It is not in dispute that on account of COVID-19 pandemic prevailing throughout the world including the State of Himachal Pradesh, the

Government of Himachal Pradesh has imposed a complete ban on general transfers vide notification dated 23.07.2020 and thereafter most stringent

conditions on the ban have been imposed vide notification dated 19.11.2020.

Now, the transfers can be made only:-

(i) to fill up vacant posts in tribal/difficult/hard areas;

(ii) to fill up vacancies arising out of retirements, promotions and creation of new posts;

(iii) transfers necessitated on account of disciplinary matters, vigilance cases, criminal proceedings etc.;

(iv) in cases involving administrative grounds and exigencies.

The case of the petitioner does not fall under any one of the eventualities as contemplated above and no material has been placed on record that the

approval of the competent authority was also sought for before ordering the transfer of the petitioner.

Therefore, in the given facts and circumstances, the order of transfer is not sustainable and is accordingly quashed. Pending application(s), if any,

also stands disposed of. Parties are left to bear their own costs.