Kali Dass vs State Of H.P And Others

Sureshwar Thakur, J

Through, the extant writ petition, the writ petitioner, has made a challenge, upon, the impugned transfer order, borne in, Annexure P-1,

wherethrough, he was ordered to be transferred, from GMS Ropi, to, GSSS Lapas, and also wherethrough, co-respondent No. 4, was ordered to be

transferred, from GSSS Lapas, to, GMS Ropi. The challenge, made to the afore impugned order, of, transfer (Annexure P-1), is, grooved (i) in the

factum, qua its emanating from gross arbitrariness and capriciousness, inasmuch as, despite the writ petitioner, earlier serving in a hard and tribal area,

his being re-posted thereat, hence through the impugned transfer order, (ii) whereupon, breach is visited, upon, the apposite transfer policy, borne in

(Annexure P-2). The validity of the afore made contest, by the writ petitioner, is, vehemently challenged, both by co-respondent No. 4, and, by

respondents No. 1 to 3, through theirs, meteing separate replies, to, the corresponding thereto averments, and, grounds taken, in, the extant writ

petition.

A perusal of the afore meted replies, to, the extant writ petition, make imminent upsurging(s), (a) vis-Ã -vis, the writ petitioner, completing his

normal tenure, at, GMS Ropi, and also qua the impugned transfer order, being made, with the apposite approval(s), being, hence accorded by the

competent authority(ies), (b) hence therethroughs, the apposite prevalent ban imposed on transfers, rather falling within the exceptions thereto, as,

occur in the relevant instructions, issued from time to time, by the respondents, (c) and whereupon, the ban, if any, imposed, upon the transfer(s), not

purveying any valid leverage, to, the learned counsel, for, the writ petitioner, to, impugn therethrough, the validity of the impugned transfer order. The

afore made contentions, by the respondents, in their respective replies meted, to the extant writ petition, remain uncontroverted, by any cogent material

in displacement(s) thereof being, placed on record, by the writ petitioner, (d) thereupon, the afore made contentions, in the respective replies, furnished

by the respondents, enjoin utmost sanctity being meted thereto. Moreover, the petitioner becomes estopped to contend, that the impugned transfer

order, becomes gripped with any vice of malafides, or, any proactive arbitrariness and capriciousness, becoming perpetrated, upon him, by respondents

No. 1 to 3.

Furthermore, the writ petitioner, has tried, to contend, vis-Ã -vis, despite his earlier serving, at a hard and tribal area, yet his, through the impugned

transfer order, being re -posted in a hard and tribal area, (i) hence breach becoming visited, upon, the relevant Clause 12, borne in Transfer Policy

(Annexure P-2). The afore made averments in the extant writ petition, become vehemently contested, rather by the respondents, and, despite the

afore contest, becoming raised by the respondents, in their respective replies, meted to the writ petition, the writ petitioner, has not adduced any cogent

material, in displacements thereof, inasmuch as, his omitting to place on record the factum, vis-Ã -vis, GSSS Lapas, being located in a hard and tribal

area, (ii) and thereupon(s), in his becoming re-posted thereat, hence breaches becoming visited upon, the, relevant Clause 12, of, the Transfer Policy,

rather prohibiting his being re-posted in a hard and tribal area, despite his earlier serving thereat.

Be that as it may, it is visible on a reading, of, the replies, furnished to the extant writ petition, by co-respondents No. 1 to 3, qua after approval

being meted by the competent authorities, to the transfer of Smt. Sheela Devi, respondent No. 4, in place of the writ petitioner, as a Peon, at, Ropi,

hence the impugned transfer order, being made. Moreover, the apposite approval(s), are, grooved in Clause 5.4, of, the Transfer Policy, Clause

whereof, stands extracted hereinafter:

5.4 Concession to couples working under H.P. Government: In case wife and husband both are working under the State Government, efforts should

be made to post them at one place or near places as far as possible, subject to vacancy. and wherethrough(s) the apposite concessions are enjoined,

to, be meted, to couples, working under Himachal Pradesh Government, (a) inasmuch as, as far as possible, an endeavor being made, to post the

apposite couples, at one place, or near places, as far as possible, subject to vacancy, and, when it is evident, on a reading of the respective replies,

hence furnished, by the respondents, vis-Ã -vis, the husband of the writ petitioner, working as a Class IV Beldar, at, Padhar in HPPWD, (b)

thereupon, obviously respondent No.4, visibly do ensure, compliance being meted, vis-Ã -vis, the afore Clause, borne in the Transfer Policy, in theirs,

hence posting co-respondent No. 4, in, vicinity of the afore place, of, posting, of, the husband of respondent No.4. Reiteratedly, the afore meted

concession to the petitioner, and, co-respondent No. 4, falls squarely within the ambit of Clause 5.4, of, the Transfer Policy, and thereupon, any

challenge, as made to the impugned transfer order, rather become fully blunted.

In aftermath, the apposite transfer order of co-respondent No. 4, to, Ropi, rather in place of the writ petitioner, cannot be faulted, on any

constitutional ground(s), inasmuch as, it being made in violation, of, any policy, or on any ground(s), of it, perpetrating arbitrariness, and, discrimination,

hence upon him. Contrarily, with the writ petitioner completing his normal tenure, of, three years, at, Ropi, and also with his not holding any visible

indefeasible right, to, remain continuously posted thereat, thereupon, any endeavor of the writ petitioner, to, upon the afore ground, cast any challenge,

upon, the impugned transfer order, becomes, hence thoroughly foreclosed.

Consequently, there is no merit in the extant writ petition, and, the same is accordingly dismissed. No order as to costs. All pending applications are

disposed of.