Sat Pal vs State Of Himachal Pradesh

Tarlok Singh Chauhan, J

The petitioner was appointed on contract basis as Assistant Professor (Economics) and joined as such in G. B. Pant Memorial Government College,

Rampur, on 26.09.2017 and now vide order dated 21.07.2020 (Annexure P-3) has been ordered to be transferred from Government College, Rampur,

Shimla to Government College Kukumseri (Lahaul & Spiti). The only ground taken by the petitioner for assailing his transfer is that he has not

completed his three years of service at one station.

It is rather shocking that the petitioner, who is at the thres hold of his career and is only 32 years of age, has filed this petition without there being

any right whatsoever in his favour.

This Court in numerous cases has held that the term/tenure of service at a particular place is not to be calculated with mathematical precision and in

this case the petitioner admittedly has completed about two years and nine months of service.

In CWP No. 1105 of 2006, titled Sushila Sharma vs. State of H.P and others, this court has held as follows:-

“We, however, direct that a copy of this judgment be sent to the Chief Secretary to the Govt. of H.P., who shall ensure that a proper transfer

policy is formulated to ensure that the transfers are made only on administrative grounds and not on any others grounds. In the policy to be framed, it

shall be ensured that all the employees are treated fairly and equally and every employee during his tenure of service serves in tribal/ hard areas and

also in remote /rural areas. When transfers are made, the administrative department shall ensure that the employees who have already served in tribal/

hard areas as well as remote/ rural areas are not again sent to these areas and there is a continuous process of change whereby all the employees

have a chance to serve in tribal/hard areas as well as remote/ rural areas. In the policy so framed, It should also be ensured that the transfer orders

are not cancelled without making reference to the administrative department to put forth its views. In the policy, measures shall be provided to ensure

that employees (obviously influential) who have managed to remain posted in the urban areas/cities are posted to rural/remote areas and hard/tribal

areas in the transfer season when the transfers are made. The transfer policy should also ensure that people, who are posted in remote/rural areas,

join their place of postings and do not manage to get their transfers cancelled on frivolous grounds as has happened in the present case. The policy be

framed and filed in Court within two months from today.†Consequent to these directions, a policy was framed, but has been observed more in

breach.â€​

It was in pursuance to the aforesaid directions that the State Government framed a new transfer policy.

We would not only hope but expect that the employees, like the petitioner, who are not only young, but are otherwise at the threshold of their

careers, should themselves volunteer to serve in the tribal and difficult areas, rather than rushing to the Courts seeking stay of such orders.

We find no merit in this petition and the same is accordingly dismissed, so also all the pending applications.

However, before parting, we make it clear that the respondents shall ensure that the petitioner is not transferred from Government College

Kukumseri (Lahaul & Spiti) till and so long he does not complete his normal tenure of service.