Keshav Dev vs State Of H.P. & Others

Anoop Chitkara, J

The petitioner, a Junior Engineer, serving at J.S. Division, Bharmour, Sub Division Killar, District Chamba, H.P., has come up before this Court

against his transfer within a short span of one year and also on the ground that since he has spent five years in hard/difficult area, therefore, he is

entitled to be transferred to the stations of his choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, of the transfer policy

applicable in the State of Himachal Pradesh, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/and the hard

areas shall be two winters and three summers.

We have heard Mr. Praveen Chauhan, Advocate for the petitioner and Mr. Ashok Sharma, learned Advocate General assisted by Ms. Rita

Goswami, learned Additional Advocate General for the respondents. Learned Additional Advocate General, based on the pleadings, does not dispute

the fact of the petitioner having served around five years in hard/difficult areas.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

Consequently, since the petitioner has been transferred after one year and two months that too without affording him due opportunity to opt for the

stations of his choice, we quash and set aside the impugned order of transfer dated 15.7.2020, Annexure P-3, and relieving order dated 18.7.2020,

Annexure P-4, subject to the petitioner making representation to the first respondent, mentioning therein five stations of his choice, within one week, in

accordance with the transfer policy. On receipt of such representation, the said respondent shall decide the same, in the light of the transfer policy

occupying the field, and pass appropriate orders, within two weeks. Pending application(s), if any, are closed.