Jagdish vs State of Himachal Pradesh

Rajiv Sharma, Judge

Petitioner is aggrieved by the issuance of Annexure P-1, transfer order dated 28.5.2011, whereby he has been transferred from IPH Sub-Division, Tissa to IPH Sub Division, Salooni. According to the petitioner, the distance between the present place of posting and the place where he has been transferred is more than 80 kms.

Mr. Vikas Rathore, learned Deputy Advocate General submits that the petitioner, from the date of his engagement w.e.f. 1.1.1992, has been serving in the same division i.e. IPH, Sub Division, Tissa. He has further argued that the cadre of the petitioner is a divisional cadre and he is required to serve anywhere within the division.

I have heard learned counsel for the parties and gone through the record carefully.

It is not in dispute that the petitioner belongs to Class-IV category and is serving as a Mate in the IPH, Sub Division, Tissa since 1.1.1992. However, the fact of the matter is that he has been transferred to a distant place, which is about 80 Kms from his present place of posting, Tissa. The respondent-State has framed the guidelines whereby the Class- IV employees as far as possible, should be posted near his native village/home town. The petitioner belongs to IPH Sub Division, Tissa and as per the professed norms adopted by the respondent -State, the writ petitioner ought not to have been transferred to such a distant place i.e. Salooni.

Consequently, the present petition is allowed and Annexure P-1, dated 28.5.2011 is quashed and set aside. However, the liberty is reserved to the respondent-Department to post the petitioner within the radius of 25 kms. in IPH Sub-Division, Tissa.

The pending application(s), if any shall also stand disposed of.