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Judgment
V.K. Sharma, J.—The Petitioner is working as Naib Tehsildar in the Respondent-department and is presently posted at Amb, Distt. Una. It is not disputed that he is due for retirement on attaining the age of superannuation on and with effect from 30.11.2011. However, vide Office Order dated nil of August, 2010, he has been transferred from Amb, Distt. Una to Bangana, Distt. Una, vice Respondent No. 3.
Being aggrieved, he has filed the present petition on the following prayers vide para 10( i) to (iii):
(i) That Your Lordships may graciously be pleased to issue the Writ in the nature of Certiorari quashing and setting aside the impugned order dated August, 2010 contained in Annexure P-2.
(ii) That Your Lordships may graciously be pleased to issue the Writ in the nature of Mandamus directing the Respondents to allow the Petitioner continue working at the present place of posting i.e Tehsil Office Amb, District Una, H.P..
(iii) That Your Lordships may further graciously be pleased to issue the Writ in the nature of Prohibition directing the Respondents not to relieve the Petitioner from the present place of posting.
In the reply on behalf of Respondents No. 1 and 2, the following stand has been taken vide para 3:
That the contents of this para are admitted to the extent that the Petitioner is going to retire on 30.11.2011 after attaining the age of superannuation, but there is no bar/restriction that the Petitioner cannot be transferred when he has left with only 13 months of service to his credit. The Petitioner has taken a plea that as per para 3(e) of the guidelines (Annexure P-1) the officer/official can not be transferred when less than two years are remaining for his superannuation. In this regard the para 3(e) is reproduced herein:
In the case of Officers/Officials likely to retire within two years efforts should be made to give them postings in areas as convenient as possible subject to vacancy.
A perusal of above said provision clearly demonstrate that the police no where states that an official can not be transferred from his place of posting when his remaining service is less than two years. It only lays down a policy that efforts should be made by the competent authority to give a posting to an official as convenient as possible subject to vacancy when the remaining service of an official is less than two years. In the case of the Petitioner he has been posted in his native District Una and his new place of posting i.e Bangana is only 36 K.M. away from his native village, as such the Petitioner cannot have any grievance to his transfer order (Anenxure P-2). Moreover the Petitioner has completed his normal tenure on 18.07.2010.
Admittedly, vide Office Memorandum, dated 10th April, 2008, Annexure P-1, the Respondent-State has laid down Guiding Principles for effecting transfers of State Government employees, out of which the one at Sr. No. 3(e) is to the following effect:
(e) Concession to Officer/Officials likely to retire:
In the case of Officers/Officials likely to retire within two years efforts should be made to give them postings in areas as convenient as possible subject to vacancy.
Thus, it is manifest that the Petitioner, who is due for retirement within next about 11 months, is entitled for the protection of the above guiding principle at Sr. No. 3(e).
In view of the above, the petition is allowed. Consequently, the impugned order of transfer Annexure P-2, is quashed with a direction to Respondent No. 1 to permit the Petitioner to continue as Naib Tehsildar at Amb, Una, till his retirement in accordance with the aforesaid Office Memorandum, dated 10th April, 2008, Annexure P-1.
The petition, so also the pending CMP(s), if any stand disposed of in the above terms.