Raghav Sood vs Himachal Pradesh University & Another

L. Narayana Swamy, CJ

By way of this writ petition, the petitioner, who is working as a Junior Office Assistant (Information Technology), has challenged the order dated 16.06.2020, (Annexure P-2), hereinafter referred to as 'the impugned order', whereby he has been transferred from Evalution Branch to HP University, Regional Centre, Dharamshala.

The case of the petitioner is that he was appointed as Junior Office Assistant (IT) (on contract basis) with the respondent University vide Appointment Letter dated 8th September, 2017 (Annexure P-1). His further case is that vide impugned order dated 16.06.2020, (Annexure P-2), he has been transferred from Evaluation Branch to HP University, Regional Centre, Dharamshala.

Learned Counsel for the petitioner submits that transfer of the petitioner is arbitrary and contrary to the Notification Annexure P-9, as the petitioner was appointed on contract basis. He further submits that as per Clause 10 of the aforesaid Notification, if an employee is required to be posted in the Regional Centre Dharamshala, the acceptance from the employee concerned is required to be taken. He also submits that though in the appointment letter dated 8th September, 2017 (Annexure P-1), it is mentioned that the petitioner shall not be entitled to any monetary benefits like TA/DA, but since the petitioner was appointed on a special contract, he is entitled to the aforesaid monetary benefits. He further submits that as per Clause 35.3 (i) & (ii) of the Conditions of Service and Conduct Rules for Employees of the University (Annexure P-8), if there exists a special contract between an employee and the University, the relevant clause in the contract or agreement or any other special law will be taken into consideration. He further submits that since the petitioner has been appointed on contract basis and the contract between the petitioner and the respondent-University was special in nature, his transfer has been effected without taking into consideration the terms and conditions of the agreement.

Learned Counsel for respondent No. 1-University has submitted that the petitioner has been transferred in public interest and the impugned transfer order (Annexure P-2) has been passed by the Vice Chancellor of the University, who is the competent Authority. He further submits that the contract between the petitioner and the respondent-University is general in nature. He also submits that the transfer is an incident of service and since the petitioner has completed his normal tenure, he is liable to be transferred. He further submits that there is no arbitrariness in the impugned transfer order and prays that the petition be dismissed.

We have heard learned Counsel for the parties and perused the entire record carefully.

As per Clause 10 of the Notification (Annexure P-9), if any employee is to be posted in the Regional Centre Dharamshala, the acceptance from the employee concerned is required to be taken. There is nothing on record to show that the respondent University has taken the consent from the petitioner before transferring him from the Evaluation Branch to the H.P. University, Regional Centre Dharamshala.

In these circumstances, we deem it proper to dispose of this writ petition permitting the petitioner to make a representation to respondent No. 1 in terms of Clause 10 of the Notification (Annexure P-9 and Clause 35.3 of the Conditions of Service and Conduct Rules for Employees of the University (Annexure P-8), within one week from today and thereafter, respondent No. 1 is directed to examine the same and pass appropriate orders, within a period of two weeks. Ordered accordingly. Till the representation of the petitioner is decided, interim order dated 23.06.2020 shall remain in force.

The petition is accordingly disposed of along with pending applications, if any.