Som Dutt vs State Of Himachal Pradesh & Others

Ajay Mohan Goel, J

By way of this petition, the petitioner, inter alia, has prayed for the following reliefs:-

“i) That the respondents may kindly be directed to consider the case of the petitioner for his transfer near to his native place, keeping in view the

adverse family circumstances of the petitioner, as per transfer policy.

ii) That respondent No.2 may kindly be directed to decide the representation of the petitioner dated 07.03.2020, Annexure P-1 within a time bound

manner.â€​

The case of the petitioner is that he is serving as a Lecturer in the subject of Political Science, with the Education Department of the respondent-

State and is presently posted as such in Government Senior Secondary School Devdhar, Balichowki, District Mandi, H.P., since 12.05.2017. As per

the petitioner, in terms of the transfer policy of the State Government in vogue, the normal tenure of an employee at a station is years and as the

petitioner has already completed three years at this particular station, therefore, the State be directed to transfer him to a station of his choice in terms

of the representation, which has been made by the petitioner to the appropriate authority, vide Annexure P-1, dated 07.03.2020.

Opposing the petition, learned Additional Advocate General has argued that the normal tenure of an employee at a station is not three years but

three to five years and even otherwise, because where an employee has to be posted is the prerogative of an employer, a place of posting cannot be

demanded as a matter of right by an employee. According to learned Additional Advocate General, posting of an incumbent depends upon various

factors including administrative exigency etc. and therefore also, direction be not passed by this Court, ordering transfer of the petitioner to a particular

station mentioned in the representation (Annexure P-1).

Responding to the contention so raised by learned Deputy Advocate General, learned counsel for the petitioner submits that the representation,

which has been made by the petitioner for being posted at a station mentioned in Annexure P-1, is on account of his adverse family circumstances as

stand enumerated in Annexure P-1. He further submits that as post in the station mentioned therein is lying vacant, the petitioner can be

accommodated there without disturbing other incumbent.

Having heard learned counsel for the parties, without expressing any view on the merit of the plea of the petitioner, this writ petition, as prayed for,

is disposed of with the direction that in the event of a fresh detailed representation being filed by the petitioner to the appropriate authority for his

transfer, the decision upon the same be made by the authority concerned keeping in view the facts enumerated in the representation made by the

petitioner as well as the administrative exigency etc. of the State. In the event of any such representation being filed within a period of two weeks

from today, the orders upon the same after affording an opportunity of being heard to the petitioner, if so desired, be passed within four weeks as from

the date of receipt of the representation. Petition is disposed of in above terms, so also pending miscellaneous applications, if any.

Copy dasti.