Sunil Kumar vs State of H.P. and Another

Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order Annexure P-3 dated 11.5.2010 whereby he was transferred from Nainadevi Ji to Hamirpur.

The Petitioner is working as Assistant Engineer and was promoted in the year 2005 and posted at Dodra Kwar. He served at Dodra Kwar, which is the remotest area in the State of Himachal Pradesh, for five years and thereafter as per the policy of the State Government on his request was posted at Sh. Naina Devi Ji. This order was passed on 6th May, 2010 and consequent to this order the Petitioner joined on 10th May, 2010. In the meantime, on 11th May, 2010, an order was passed whereby the Petitioner was ordered to be posted at Hamirpur. The Petitioner challenged this order and this Court granted interim injunction on 14th May, 2011. Consequently, the Petitioner continues to remain at Sh. Naina Devi Ji.

Respondents in the reply have not denied any of the facts aforesaid. Justification given for transfer of the Petitioner is that Respondent No. 2 who was posted at Sangrah was directed to be adjusted at Naina Devi Ji by the competent authority and therefore the impugned order was passed. It is now apparent from the record that Respondent No. 2 in fact has since been promoted and posted at Chamba. The cause for transferring the Petitioner outside Naina Devi Ji no longer survives.

In view of the above discussion, this petition is allowed and the impugned order of transfer quashed. The Petitioner shall continue at Sh.Naina Devi Ji till he completes his normal tenure. No costs.