High CourtsSingle Bench(2011) 12 SHI CK 0195

Mr. Chewang Tobga vs State of Himachal Pradesh and others

High Court Of Himachal Pradesh · Decided on 2 December 2011

HON’BLE JUDGES
Rajiv Sharma, J
RESULT
Dismissed
CASE NUMBER
CWP No. 7288 of 2011-H

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Judgment

4 paragraphs · 193 words

Rajiv Sharma, Judge

1.

Petitioner is aggrieved by the issuance of Annexure P-1, dated 11.8.2011, whereby he has been transferred from I & PH Sub-Division Tabo to I & PH Division Pooh.

2.

It is borne out from the record that the petitioner has already completed 4 years at the present place of posting i.e. village Tailling, falling under I & PH Sub-Division Tabo. The petitioner is holding Class-III post and is liable to be transferred in the public interest and due to administrative exigency. It is for the employer to decide where the employee has to be transferred in larger public interest and exigency of service. However, it is equally true that the power to transfer is coupled with the duty to ensure the fairness. In the instant case, the petitioner had already completed more than four years'' service at Tailling.

3.

Consequently, there is no merit in the present petition and the same is dismissed. However, taking into consideration the ensuing winter break, the respondents are directed to give effect to the order dated 11.8.2011 in the month of April, 2012. The pending application(s), if any stand disposed of. No costs.