Raj Kumar vs State of H.P.

Rajiv Sharma, Judge

Petitioner was appointed as Veterinary Pharmacist on 21.11.2006 on contract basis at Veterinary Dispensary, Gumma, District Mandi, H.P. He has been transferred vide office order 22.6.2012 from Veterinary Dispensary, Gumma, District Mandi to Veterinary Dispensary, Chauri (Mandi) vice respondent No.4. Petitioner has already completed five years at Veterinary Dispensary, Gumma (Mandi). According to office memorandum dated 13.8.2009, the contract appointees, who have completed five years tenure at one place of posting are eligible for transfer on need based bases wherever required on administrative grounds. Mr. Vivek Singh Thakur, learned Additional Advocate General has also argued that on the basis of memorandum dated 13.8.2009, now new clause has been incorporated in the agreement itself that the contract appointee, who has completed five years tenure at one place of posting, will be eligible for transfer on need based basis wherever required on administrative grounds.

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 can intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. 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.