Minakshi Devi vs State Of H.P. & Others

Sureshwar Thakur, J

The writ petitioner challenges, the transfer order, embodied in Annexure P­1, wherethrough, she became transferred, from, Civil Hospital Rajgarh, to, PHC Kaffota. The challenge made by the writ petitioner, to, the afore transfer order, is, embodied in its becoming generated, from, malafide(s), inasmuch as, it arising (a) from an untenable adjustment, being made, at the instance, of, co­respondent No.4, the sitting Member of the Legislative Assembly, from Pachhad Constituency, (b) the respondents not bearing in mind, vis­a­vis, the health hazards, besetting the aged mother­in­law, of, the writ petitioner, and, also not bearing in mind the infancy, of, the minor child, of, the writ petitioner, (c) whereupon it becomes contended by the writ petitioner, that, the impugned transfer order, suffers from gross non­ application of mind, and, moreso, when it emanates without TA, and, DA, and, is also made, during ban period, and, without the approval, of, the Hon'ble Chief Minister.

In the reply, meted to the writ petition, by the respondents, it becomes contended, vis­a­vis, the writ petitioner completing more than three years of stay, as a Clerk, in Civil Hospital Rajgarh, and, thereafter hers hence being not vested with any indefensible right, to stake, any claim, for, hers being posted, in the afore capacity, at Civil Hospital Rajgarh. Moreover, it is also contended, in, the respondents' reply to the writ petition, that, despite the public post, whereagainst the writ petitioner is appointed, becoming borne, in, a State cadre, yet, she has been adjusted within Sirmour District. In addition, it is also contended, that, the impugned transfer is bereft, of, any vice of malafide(s), rather, it emanates upon approvals being granted, by, the Hon'ble Chief Minister.

From the afore contentions, raised in the reply, filed to the writ petition, by the respondents, and, with theirs remaining uncontroverted, and, theirs appertaining, qua, the petitioner completing her normal tenure, of, three years, as a clerk, at Civil Hospital, Rajgarh, (i) hence, obviously thereafter, she cannot claim, any, indefeasible right, of, hers being continously posted, at Civil, Hospital, Rajgarh, hence, in the afore capacity. Conspicuously, she obviously holds, a, transferable post, and, despite hers becoming borne in the State cadre, the respondents proceeded to transfer her, within District Sirmour.

Be that as it may, the mere factum, of, co­ respondent No.4, being the sitting Member, of, the Legislative Assembly, from, Pachhad Constituency, would not per­se arouse any inference, vis­a­vis, the impugned transfer order, becoming generated, by malafides, as, after completion, of, three years tenure, by the petitioner, as a clerk, in Civil Hospital, Rajgarh, she cannot continue to claim any right to continuously serve there, (i) and, if the candidate sponsored by co­respondent No.4 has been adjusted at Civil Hospital, Rajgarh, (ii) thereupon, the afore factum cannot constitute, any, malafide, rather, reiteratedly, any purported malafide, in respondent No.4 ensuring the transfer, of, the petitioner, as a clerk, from Civil Hospital, Rajgarh, to PHC Kaffota, rather becomes subsumed within, the, trite factum, of, the petitioner completing her tenure rather thereat.

Even though, the writ petitioner, has averred in the writ petition, vis­a­vis, there being gross non­ application of mind, by the respondents, in making the order of transfer, upon her, despite her mother­in­law, being ailing and aged, and, also the respondents not bearing in mind the factum of infancy of her minor son, (a) yet, no material in display, of, any ailment besetting, the mother­in­law, of, the writ petitioner, has been placed on record, (b) and, thereupon the afore averments, do not carry, any weight with this Court, to conclude, vis­a­vis, there being any gross non­application, of, mind, or any lack, of, commiseration by the respondents, in theirs transferring, the writ petitioner, as a clerk, from Civil Hospital, Rajgarh, to, PHC Kaffota.

Furthermore, even though, the transfer has been made, during, the ban period, however, the approval of the Hon'ble Chief Minister has been obtained, on, the opposite D.O. Note, thereupon, with the Chief Minister being empowered, to even during the ban period, hence make transfer(s), of, government employees, and, also when hence the vice, if any, ingraining any transfer order, inasmuch, as, its becoming generated, from, or its, emanating, upon, a, D. O., does get blunted, from, the Hon'ble Chief Minister, rather according approval, to the transfer of the writ petitioner, as a clerk, from Civil Hospital Rajgarh to PHC Kaffota. Consequently, there is no merit in the extant writ petition, and, the same is accordingly dismissed. All pending applications, if any, also stand disposed of.