Sh. Prakash Chand and Sh. Jagat Singh vs State of H.P and Others

Deepak Gupta, J.—These two writ petitions are being disposed of by this common judgment since identical questions of law and facts are involved in these two petitions.

Both the petitioners are Junior Engineers working in the H.P Public Works Department. Sh.Jagat Singh, petitioner in CWP(T) No. 15321 of 2008 arising out of O.A No. 1496 of 2007 filed an application before the erstwhile H.P State Administrative Tribunal challenging the order dated 23.6.2007 whereby he was ordered to be transferred from Nahan Division (Dadahu Sub Division) to Rajgarh Division against Sh.Prakash Chand, petitioner in CWP(T) No. 1400 of 2008 arising out of O.A No. 1912 of 2008. The case set up by Jagat Singh was that he had been transferred to Rajgarh after a short span of barely three months at H.P.PWD Dadahu Sub Division, Tehsil Sangra, District Sirmaur. The petitioner alleged that he was promoted to the post of Junior Engineer (Civil) and was then posted to the office of Executive Engineer, Nahan Division on 19.3.2007 and joined there on 22.3.2007. Thereafter, within eight days, i.e. on 30.3.2007 he was transferred to the office of the Assistant Engineer, Renuka, H.P.PWD Sub Division Dadahu. The petitioner, therefore, alleged that the order dated 23.6.2007 had been passed after a short stay of three months and on this short ground he challenged the same. Stay order was granted by the Tribunal in favour of the petitioner-Jagat Singh on 2.7.2007.

It appears that Parkash Chand pursuant to the order dated 23.6.2007 had joined at Dadahu on 27.6.2007. Apparently both Parkash Chand and Jagat Singh continued at Dadahu and the post at Rajgarh remained vacant. Faced with this situation, the State passed an order on 15.6.2008 transferring Parkash Chand from Sub Division Dadahu to Rajgarh. Parkash Chand challenged this order before the Tribunal and status quo regarding his transfer was also granted. Resultantly there were to conflicting orders passed by the Tribunal in two O.As and the effect of these orders was that both Parkash Chand and Jagat Singh remained at Dadahu whereas the post at Rajgarh remained vacant on account of the two contradictory orders of the Tribunal.

We have heard learned Counsel for the parties. Sh.Jagat Singh in the rejoinder filed by him has also claimed that the Parkash Chand was posted at Dadahu at the instance of one Sh.Mohinder Singh, contractor. According to Sh.Jagat Singh, he came to know about this fact when certain record was produced before the Tribunal. Despite production of such record, no effort was made to amend the writ petition or to implead Mohinder Singh or the "political high ups" at whose instance the transfer of these two petitioners has been ordered. From the record, we find that right from the year 1991, Jagat Singh remained posted either at Renuka or at Dadahu. They may fall in separate Sub Divisions but the fact is that these two stations are barely two kms. from each other.

We are, therefore, clearly of the view that Jagat Singh obtained stay orders by misrepresenting the facts before the Tribunal inasmuch as he had stated before the Tribunal that he had been transferred after a short span of three months. Technically he may be right that as Junior Engineer he had spent only three months at Dadahu but prior to that as Surveyor he had remained there from 1993 to 2007. It was the duty of Jagat Singh to point out to the Tribunal his previous stay also. As per the transfer policy formulated by the State Government, adjustment of employees within a distance of 25 Kms. is not termed as transfer. Basically Jagat Singh remained posted at one station from 1993 to 2007. It is apparent that the State passed the order dated 15.6.2008 only when it was faced with the situation of having two persons at Dadahu.

Keeping in view the aforesaid discussion, we are clearly of the view that there is no merit in the petition of Jagat Singh and, therefore, his original application has to be dismissed. Consequently the transfer order of Parkash Chand dated 15.6.2008 would have also to be set aside as that is only in consequence of the stay order granted in favour of Jagat Singh. These writ petitions are disposed of accordingly. Sh.Jagat Singh is directed to join at Rajgarh within 15 days from today. No order as to costs.