Santosh Kumar Gupta vs State of Himachal Pradesh and Another

V.K. Sharma, J.—The petition has been filed on the following substantive prayers vide para 6(i) & (ii):

(i) That writ in the nature of certiorari may kindly be issued against the Respondents by quashing impugned order dated 27th September, 2010, Annexure P-1, being illegal and arbitrary.

(ii) That the Petitioner may kindly be allowed to work at the present place of posting, i.e. DDA Solan.

In reply on behalf of Respondents No. 1 and 2, the following stand has been taken, vide paras 3 and 4, on merits:

That in reply to this para it is submitted that due to transfer of Agriculture Development Officer who was posted at Narang Circle under Development Block Pachhad (Sirmour) has been transferred to Development Block, Nankhari on complaint basis resulting the work is suffering badly there, hence the Petitioner has been transferred to Narang as the work of Agriculture Development Officer in the office of Deputy Director of Agriculture Solan is lesser than circle/Block.

That in reply to this para, it is submitted that the Govt. of Himachal Pradesh has posted the Agriculture Development Officers in the department of Agriculture for the implementation of the various projects/schemes which has been sanctioned/approved in the larger interest of the farmer community. Therefore the Petitioner has been transferred to Narag Circ le, Development Block Pachhad in the welfare of the farmer community of the said Development Block and for the implementation of the agriculture schemes in the larger interest of the farmers.

The Petitioner is aggrieved by the impugned order of transfer, dated 27th September, 2010, Annexure P-1, mainly on the following averments set up vide para 4(iv):

That the Respondents did not take this aspect into account that the one daughter of the Petitioner is studying in 4th standard and the transfer is in mid of academic session. Due to the transfer order the study of the daughter of the Petitioner will be affected adversely. It is submitted that the another daughter of the Petitioner is only 4 months of age and the wife of the Petitioner is on maternity leave. There is none in the family to look after his new born daughter and his wife. Therefore, it would be in the interest of justice if the Petitioner is permitted to work at the present place of posting, i.e. DDA Solan till the completion of normal tenure, i.e. 3 years. On this ground also, the Petitioner craves the indulgence of this Hon''ble Court to provide him justice in accordance with law.

In view of the above, coupled with the fact that the Petitioner had already served in Dodra Kawar, which is a difficult area and was transferred from that place to Solan on his request in terms of the Government policy and is yet to complete his normal tenure of three years, the petition is disposed of with the observation that in case the Petitioner submits a representation alongwith copy of this judgment to Respondent No. 1 within a week, the said Respondent shall consider the same and take a final decision in the matter within next fortnight in accordance with law and justice and taking into consideration his request to let him remain at Solan till the end of academic session of his daughter i.e. 31.3.2011, after affording an opportunity of being heard to the Petitioner, if so desired. Interim order to continue till then.

The petition stands disposed of, so also pending CMP(s), if any.