Rattan Singh vs State of H.P. and Others

Sanjay Karol, J.—The petitioner has prayed for following reliefs:

a) A writ in the nature of certiorari may be issued and thereby quash the order of transfer dated 9-7-2013 (P-II) and order of relieving dated 12-11-2013(P-7).

b) A writ in the nature of mandamus may be issued and thereby directing the respondent to allow the petitioner to work at Mechanical Sub Division Nahan under B & R Division Nahan Distt. Sirmour H.P.

c) That the record of the case may kindly be summoned from the respondents for the kind perusal of his writ petition.

d) That the present writ petition may kindly be allowed with cost.

We find that vide impugned order of transfer dated 9.7.2013 (Annexure P-2), petitioner who is working as a J.E. (Mech.) stands transferred from Mech Sub Division Nahan under B & R Division Nahan to Mech Division Rampur (Mech Sub Division Recong Peo). Petitioner approached this Court assailing said order.

Vide judgment dated 27.8.2013 passed in CWP No. 6791 of 2013 titled Rattan Singh Vs. State of HP & others, this Court had directed the Authorities to consider petitioner''s representation. Now, the representation stands decided vide impugned order dated 12.11.2013 (Annexure P-7). We find that the Authorities have assigned plausible reasons while rejecting petitioner''s representation.

We see no reason to interfere with the order of transfer as the same is in public interest as also based on administrative exigency. It is requested by the learned counsel that the petitioner may be allowed to continue working at Nahan till March, 2014 as his daughter''s education would suffer. We do not find any favour with this request of the petitioner. Petitioner''s daughter is studying in class 2 and it is not the case of the petitioner that she has to take annual examination of said class. As such, petition devoid of merit, is dismissed. Pending applications, if any, also stand disposed of.