Rajiv Pathania vs State of HP and Others

Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order of his transfer dated 26.5.2011 whereby he has been ordered to be transferred from Sub Divisional Hospital, Jawali (Kangra) to Sub Divisional Vety. Hospital, Kangra.

The case of the Petitioner is that he was transferred from Sub Divisional Veterinary, Hospital Nurpur to Sub Divisional Veterinary Hospital, Jawali only in the month of February, 2009 and joined there on 28.4.2009 and has been transferred before completing his normal tenure of three years. It is also claimed that the transfer has been ordered with a view to accommodate Respondent No. 3-Dr. Renu Salaria. It is not in fact disputed that the Respondents have ordered the transfer of the Petitioner to accommodate Respondent No. 3-Dr.Renu Salaria. It would be pertinent to mention that the husband of the Respondent No. 3 is serving in the Indian Army and is presently posted at Pathankot and, therefore, on her request she was adjusted at Jawali. Her son is handicapped and studying at Pathankot.

On behalf of the Petitioner, it is argued that the Petitioner has served in various areas and if Respondent No. 3 could be given the station of her choice, there is No. reason why the Petitioner should have been transferred. It has been urged that Respondent No. 3 could have been adjusted at Kangra without disturbing the Petitioner and that the wife of the Petitioner is also serving at Government Sr. Secondary School, Sadwan, District Kangra. This Court cannot sit in appeal over the administrative action of the State. Transfer of an employee is an incidence of service. It is for the employer to decide and weigh how transfers are to be effected. Unless mala fides are alleged or proved an order of transfer cannot be set aside. It cannot be said that in the present case the transfer order is arbitrary or capricious. Therefore, I find No. merit in the petition which is accordingly rejected. No. costs.