Ranjeet Singh vs State of H.P. and Others

Kurian Joseph, C.J.—Petitioner stands transferred from the 5th Circle, Palampur to N.H.Circle Shahpur in terms of order dated 18.9.2010. He approached this Court by way of CWP No. 6114 of 2010 titled as Ranjeet Singh v. State and Ors. and in terms of judgment dated 1.12.2010 this Court disposed of the petition by passing the following directions:

Notice by speed post to 4th Respondent. In case the Petitioner has not been relieved as on today, the further proceedings for relieving the Petitioner shall be deferred for the time being. Needless to say that unless the Petitioner is 2 relieved, the Respondent No. 4 shall not be permitted to join duty. Post on 8.11.2010.

Petitioner''s representation stands decided by the Engineer-in-Chief, H.P. PWD, Shimla-2, who has observed as under:

And whereas, now the matter has been reconsidered afresh, keeping in view the directions of Hon''ble High Court and it has been seen that the official was transferred from 5th Circle Palampur to NH Circle Shahpur i.e. within the kangra Distt. He has already completed his normal stay period at Palampur and inspite of the direction given by the Hon''ble High Court, he did not give the names of the three places of postings of his choice and insisted for his continuance at Palampur during the hearing held on 1.2.2011. It is felt that since he has already completed his normal tenure of posting at Palampur and further more he has been posted at Shahpur, in the home district, hence there seems to be No. justification in allowing him to continue further at Palampur and therefore his representation is rejected. He is further directed to join his duties in the o/o Superintending Engineer, NH Circle Shahpur with immediate effect.

(Emphasis supplied)

Undisputedly Petitioner failed to point out three places of posting of his choice in terms of judgment dated 1.12.2010. He has also completed his 3 normal tenure of posting at Palampur and does not have any right to continue at Palampur for any further period. Shahpur is in the same District and not far off from Palampur. Hence, we do not find any illegality in the impugned order dated 12.7.2011 passed by Engineer-in-Chief HP PWD, Shimla and the present petition is accordingly dismissed, so also the pending application, if any.