Gurbax Singh vs State Of H.P. And Others

 Sureshwar Thakur, J

Upon writ petition bearing No. 2461 of 2020, this Court rendered the hereinafter extracted directions:

“Heard. Since the writ petitioner prays for cancellation of his transfer order of 14.7.2020, where through, he stands transferred from Forest Circle

Chamba, District Chamba to the office of the Principal Chief Conservator of Forests, Shimla, and, also prays for his being ordered to be transferred at

a place of his choice, however, the afore relief, as prayed for, by the writ petitioner, cannot be granted, at this stage, as this Court lacks jurisdiction, to

order for any public servant or public official, being posted at any particular place of his choice, especially, given the afore jurisdiction being vested in

the executive. Hence, the writ petition is dismissed. However, the writ petitioner is at liberty to make a representation to the respondent concerned, for

his being posted at a place of his choice, and, upon the afore representation being made by the petitioner, the respondent concerned, shall decide it,

within three weeks from its receipt, and, after affording an opportunity of personal hearing to the petitioner. Till then the respondents are directed to

maintain status quo qua the place of posting of the petitioner.â€​

In pursuance thereof, the authority concerned, rejected, the, petitioners’ strivings, for his being transferred, and, adjusted in the office of CF,

Dharamshala, District Kangra, or, in the office of CCF (Wildlife) North, D/ Shimla, District Kangra, and, or in the office of C.P.D., KFW Project

Dharamshala, District Kangra. The reason, for, the authority concerned, hence rejecting the afore strivings, of, the petitioner, becomes anchored on

the ground that no vacancy, of, Superintendent, Grade-I, is, available, hence at Dharamshala.

Be that as it may, the writ petitioner, is, nearing superannuation, inasmuch as, he has only 7 years to superannuate, and, since the apposite policy

enshrines, qua upon any public officer/official, rather nearing superannuation, thereupon, the employer becomes enjoined to, exercise its/his discretion,

rather working towards his being posted in vicinity to his home station. Since the home station, of, the writ petitioner, is, within District Kangra, hence

the respondents are directed to, even if, the strived, for, vacancies, are not existing, at Dharamshala, to ensure qua his becoming adjusted, within

district Kangra or within district Hamirpur.

In view of afore, the instant writ petition is disposed of. Also, the pending application(s), if any, are disposed of.