Nirmala Devi vs State of H.P.

Rajiv Sharma, Judge

Petitioner was posted as A.N.M. in A.H.C. Polian Purohitan, (Una) on 31.7.2000. She was transferred on 14.9.2011 from A.H.C. Polian Purohitan to A.H.C. Raipur Sohran, (Una). She joined her duties on 30.9.2011. Vide impugned order dated 14.6.2012 petitioner has been further ordered to be transferred from A.H.C. Raipur Sohran to Palakwah (Una). It is evident from the reply filed by the respondent-State that the petitioner remained posted for 11 years in A.H.C. Polian Purohitan. It is true that the petitioner has joined her duties in A.H.C. Raipur Sohran (Una) on 30.9.2011. However, the transfer order has been issued after seeking prior approval of the competent authority by condoning short stay. Petitioner has remained posted in District Una alone. The distance between A.H.C. Raipur Sohran and A.H.C. Palakwah is only 16.5 KMs as per Annexure R-4/A issued by the Assistant Engineer, H.P.P.W.D. Una Division. Respondent No. 4 has also remained posted in District Solan. The transfer is an incident of service. It is for the employer where an employee has to be posted in public interest. The scope of judicial review in these matters is very limited. The Court may intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. In the instant case, no specific mala fide has been alleged by the petitioner against any person.

Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.