Rajesh Rana vs State Of H.P. & Another

Anoop Chitkara, J

The petitioner, who is working as TGT (Non-Medical) on contract basis, in Government High School, Nesang, Education Block-Pooh, District Kinnaur, H.P., has come up before this Court seeking his transfer from difficult/hard area to one of the stations of his choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers. In this regard the petitioner has filed representation, which is still pending before the authorities concerned.

Notice. Mrs. Rita Goswami, learned Additional Advocate General, appears and accepts service of notice on behalf of the respondents.

Clause 16.1 of the Comprehensive Guiding Principles, nowhere deprived the employee working on contract basis, from seeking his transfer. On the face of it, the reason for affording opportunity to the Government employees, who were posted in Most Difficult/Difficult/ Tribal/Hard areas, was that while posted in these area, they do not get fatigue and anxiety of struck up there. It also works as an incentive to employees to opt for such posting to understanding the difficulty and problems in such areas faced by the residents of these areas and thus while working there to have empathy and compassion for them. Thus, under what circumstances, simply because the employer was posted on contract basis, would not dis-entitle him from claiming benefit of Clause 16.1 of the Transfer Policy.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

Consequently, this petition is disposed of with liberty to the petitioner to make a fresh representation to the respondent/ authorities concerned giving five stations of his choice, which must be spread in more than one district, within one week from today, in the light of clause 16.1 read with clause 16.5 of the transfer policy. On receipt of such representation, the respondent/authorities shall consider the representation of the petitioner, in the light of the transfer policy occupying the field, and pass appropriate orders, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their normal tenure and the possible places where the petitioner can be posted. Pending application(s), if any, are closed.