Satya Prakash Sharma vs Himachal Pradesh Tourism Development Corporation Ltd.

Deepak Gupta, Judge

The petitioner, by means of this petition, has challenged the order dated 2.7.2012, whereby he has been ordered to be transferred from Himachal Bhawan, Chandigarh to the Golf Glade, Naldehra. The grievance of the petitioner is that; firstly, he has been transferred from Himachal Bhawan, Chandigarh to the Golf Glade, Naldehra in less than a month and secondly that he has only about one year to retire from service and he should have been adjusted at a station of his choice. From the material on record, we find that the petitioner who was originally appointed in 1978 at Shimla as Clerk remained posted in and around Shimla till the year 1981. Thereafter, he was transferred to Himachal Bhawan, New Delhi in the year 1982. He, except for short periods i.e. w.e.f. 1986 to 1990 and 1993 to 1994 and 1996 to 1998, has virtually spent his entire career at Delhi. The petitioner was transferred from New Delhi to Hotel Hatu, Narkanda. He challenged his transfer and also made a representation against the same. One of us (Rajiv Sharma, J.) decided CWP No. 10762 of 2011-G on 8.12.2011 and without expressing any opinion on the merits of the case disposed of the petition holding that the competent authority may take a decision on the representation and till then, the petitioner would be permitted to continue at New Delhi.

Thereafter, the representation appears to have been rejected and the petitioner again filed the writ petition No. 11435 of 2011-D. That writ petition was disposed of by a Division Bench of this Court and it was made clear that after joining at Hatu, the petitioner may file another representation before the competent Authority. The petitioner filed another representation and pursuant to that representation, the matter was taken up and finally, the authorities decided to post the petitioner at Himachal Bhawan, Chandigarh and approval in this behalf was obtained from the Hon''ble Chief Minister on 5.6.2012. Later on it was pointed out that previously it had been approved that Shri Ramesh Chand Sharma, Senior Manager posted at Himachal Bhawan, Chandigarh would also be made In-charge of the Himachal Bhawan, Chandigarh. Thus, there were two conflicting notes and again the matter was referred back and finally it was considered by the highest authority after discussing the same, it was decided that the petitioner may be posted as Senior Manager at the Golf Glade, Naldehra.

Two reasons have been given i.e. (a) the quantum of work at New Delhi does not justify posting of a Senior Manager at New Delhi and (b) the Golf Glade, Naldehra is an important property of the HPTDC and many visitors frequent this place. These are administrative reasons, which cannot be looked into by this Court. It is apparent that whenever the petitioner was transferred outside Delhi, he made representations and it was on his representation to the Hon''ble Chief Minister that he was adjusted again at Delhi or at a station more convenient to him. Therefore, we find no merits in the present writ petition, which is accordingly dismissed. All the pending application(s), if any, are also rejected. No costs.