Ram Pal Sharma vs State Of H.P

Tarlok Singh Chauhan, J

We really wonder how this petition for transfer of the petitioner to anyone stations of his choice is maintainable.

As per pleaded case, the petitioner was appointed as T.G.T. (NonÂ​Medical) in the year 1988 and served at various places including Tribal area at

Kaza in District Lahaul and Spiti. Thereafter, in the year 2017 the petitioner was promoted as Principal and he was posted at Govt. Senior Secondary

School, Sansog, Tehsil Jubbal, District Shimla. It is averred by the petitioner that due to adverse family circumstances as also the fact that he has left

less than two years for his superannuation, he has prayed for his transfer to anyone of the stations of his choice.

On what basis and under what right the petitioner has based his claim is not at all forthcoming.

It is more than settled that a writ of mandamus does not lie to create or establish a legal right but to enforce the legal right that is already

established. Writ being equitable in nature, its issuance is governed by equitable principle. The writ cannot be granted unless it is established that there

is an existing legal right of the applicant or an existing duty of the respondent.

Apart from above, an employee has no vested right to claim a particular post or to serve at a particular place for a particular time. It is within the

exclusive domain of the employer to determine as to at what place and where the services of a particular employee are required.

In view of the aforesaid discussion, we find no merit in this petition and the same is accordingly dismissed, so also the pending miscellaneous

application(s), if any