Ranjit Singh vs State of Himachal Pradesh

Rajiv Sharma, J.—The petitioner made a request to transfer him from Government Degree College, Bhoranj to Government Senior Secondary School, Bajrol. In sequel thereto, the petitioner was transferred to Government Senior Secondary School, Bajrol on 29.1.2011. He joined his duties at Government Senior Secondary School, Bajrol on 4.2.2011. The petitioner has now been transferred vide Annexure P-4, dated 27.6.2011 to Government Senior Secondary School, Jangal Beri vice respondent No. 4.

Ms. Ranjana Parmar, learned counsel for the petitioner has strenuously argued that the petitioner has been transferred to Government Senior Secondary School, Bajrol on his request, vide Annexure P-1, dated 29.1.2011 and was required to complete his normal tenure of three years. She has further argued that the transfer of petitioner has been effected vide Annexure P-4, dated 27.6.2011 just to accommodate respondent No. 4 at Government Senior Secondary School, Bajrol. She lastly contended that the petitioner is a Class-IV employee and as per transfer policy, the petitioner should not have been transferred to a distant place.

Mr. Vikas Rathore, learned Deputy Advocate General has argued that the petitioner has made a request for his transfer from Government Senior Secondary School, Bajrol to Government Senior Secondary School, Jangal Beri. He also argued that it is the prerogative of the employer to post an employee at a particular place.

Respondent No. 4 though was served, but there is no representation on her behalf.

I have heard learned counsel for the parties and gone through the pleadings.

Respondent-State has not chosen to file any reply. The petitioner has joined his duties at Government Senior Secondary School, Bajrol on 4.2.2011. He was required to complete his normal tenure of three years at Government Senior Secondary School, Bajrol. The respondent-State has not placed on record any material to substantiate that the petitioner has ever made any request for his transfer from Government Senior Secondary School, Bajrol to Government Senior Secondary School, Jangal Beri. The petitioner belongs to the lowest strata of society. As per the professed norms of the State Government to regulate transfer orders, a Class-IV employee is not to be transferred to a distant place from his village and home town. In the instant case, the petitioner without being permitted to complete his normal tenure at Government Senior Secondary School, Bajrol has been transferred to Government Senior Secondary School, Jangal Beri, which is at a distance of more than 50 Kms. from the present place of posting of the petitioner. It is evident that the transfer of petitioner has been effected just to accommodate respondent No. 4 without there being any administrative exigency or public interest. The power to transfer an employee is coupled with duty to ensure that the same is exercised in a judicious and fair manner.

Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure P-4, dated 27.6.2011 is quashed and set aside qua the petitioner and respondent No. 4. Respondent-State is directed to permit the petitioner to complete his normal tenure of three years at Government Senior School, Bajrol. The pending application(s), if any, also stands disposed of. No costs.