Mohan Singh vs State Of H.P. & Others

Sureshwar Thakur, J

Heard. After completion of three years of service at the station concerned, the writ petition through the impugned transfer order, borne in Annexure

P-3, became transferred. Since, the normal tenure, of, posting of a public officer, at any station concerned, is, only upto three years, and, when the

afore tenure of three years, of, service at the station concerned, has been completed by the writ petitioner, thereupon, the latter cannot claim a

mandamus becoming made, upon, the respondents, to ensure his being retained thereat. Contrarily, the respondents-State, after completion of three

years of service, at the station concerned, by a public officer, hold a right to post him elsewhere. Even though, the learned counsel appearing for the

petitioner, submits that the impugned transfer order is vitiated, inasmuch, as, the respondents not bearing in mind, a, 50% disability entailed, upon, the

writ petitioner, whereupon, there is an empowerment in the respondents, to, even after, his completing three years of service at the station concerned,

hence ensure his being retained thereat or at a convenient station. Though, the afore submission has some vigour, yet vigour thereof, becomes

denuded, through, a reply on affidavit furnished by the respondents-State, wherein, there occurs a disclosure, vis- a-vis, only, upon a public officer

becoming entailed with a 60% disability, thereupon, only, the latter being permissibly posted/retained at the station(s) concerned, or his holding a

leverage for his becoming posted at a station of his choice.

Be that as it may, the respondents are directed to, within two weeks from today, hence, consider the posting of the writ petition either at

Government Senior Secondary School, Jayach, or at Senior Secondary School, Banthal. The respondents-State are further directed to forthwith

release the salary of the writ petitioner, and, also of respondent No.4. With the afore observations, the extant writ petitions stands disposed of. All

pending applications also stand disposed of.

Copy dasti.