Smt. Varsha Devi vs State of H.P.

Rajiv Sharma, Judge

Petitioner has assailed the transfer order dated 28th June, 2012 (Annexure P-1), whereby she has been transferred from Government Health Sub Centre Samloti to Government Health Sub Centre Kahanpur. Case of the petitioner, in a nut-shell, is that she has worked at Health Sub Centre, Samloti only for a period of one year and two months and the transfer order has been issued to accommodate respondent No. 4. According to the reply filed by respondents No. 1 to 3, the petitioner has remained posted within a radius of 25 kms. w.e.f. 09.05.2003 onwards. She served at Chhugera (Nagrota Bagwan) w.e.f. 18.06.2008 16.04.2002 before her transfer to Samloti (Nagrota Bagwan). The distance between Chhugera (Nagrota Bagwan) and Samloti (Nagrota Bagwan) is 8 kms. The respondent-State while transferring the petitioner has taken into consideration her stay within a radius of 25 kms. from 09.05.2003.

Petitioner has no indefeasible right to remain posted at a particular place. The scope of judicial review in these matters is very limited. The petitioner has not alleged any specific malafides in the petition, except making a bald averment that the transfer order has been made to accommodate respondent No. 4. The transfer order is an administrative order and this Court will not substitute its own wisdom in administrative matters, unless and until the same is in infraction of any constitutional or legal rights of the parties. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.