Tajender Kumar Sharma vs State of H.P. and Others

Justice Kurian Joseph, C.J.—The petitioner approached this Court aggrieved by his transfer from Shimla to Nahan. According to the petitioner in view of the insurmountable difficulties faced by the petitioner, he cannot keep himself away from Shimla particularly on account of the ailment of his wife. Therefore, the petitioner prays that in case he cannot be retained at Shimla, he may be permitted to voluntarily retire from service. The petitioner is only at the age of 53. Before taking recourse to such a drastic step, we are of the view that an attempt should be made to see whether the petitioner can be accommodated in Shimla, if that be the only reason for sacrificing the remaining five years of service. We find from the records that the petitioner is only adjusted at Nahan for a period of three months. The petitioner shall join duty at Nahan as directed, within a week from today. On completion of three months of service at Nahan, the petitioner shall be brought back to Shimla and accommodated at any post in Shimla. It is made clear that in case the petitioner has otherwise been sought to be accommodated in CID, an attempt shall also be made to preferentially accommodate the petitioner in CID.

With the above observations, the writ petition is disposed of, so also the pending application(s), if any.