Vaneet Kumar Pal vs State Of Himachal Pradesh And Another

Jyotsna Rewal Dua, J

Matter is heard with the consent of learned counsel for the parties. In view of the nature of order being passed hereinafter, there is no need to call

for reply from the respondents.

The petitioner was appointed as Horticulture Development Officer on contract basis vide order dated 19. 07.2019. He was accordingly posted as

such in Palampur, District Kangra. At the time of his contractual appointment, an agreement was executed between the parties on 22.07.2019, inter

alia, containing following clause:-

“6. An official appointed on contract basis who have completed three years tenure at once place of posting will be eligible for transfer on need

based basis wherever required on administrative grounds.â€​

Grievance in the present petition is against notification dated 29.04.2021, whereby the petitioner has been transferred from Palampur, District

Kangra to Development Block Dharampur, District Mandi, against vacant post. The contention of learned counsel for the petitioner is that in view of

Clause 6 of the agreement (extracted above), the petitioner, a contract appointee, could not have been transferred before completion of three years of

tenure at his present place of posting. Besides submitting that no one has been posted in place of petitioner, learned counsel for the petitioner has also

placed reliance upon following clause of office memorandum dated 10th July, 2013 in respect of Comprehensive Guiding Principles-2013 for regulating

the transfer of State Government employees:-

“7. Postings/transfers of Contract Employees: The employees appointed on contract basis shall be eligible for transfer after completion of three

years of service, at par with the regular employees on administrative grounds, wherever required. The transfer/posting of such contractual employees

will be made on need based basis.â€​

Since the submissions are all factual and made with the aid of the documents appended alongwith the petition, therefore, interest of justice will

suffice by permitting the petitioner to file a representation to the respondents against his transfer ordered on 29.04.2021, within a period of two weeks

from today. Ordered accordingly. In case such representation is made within the aforesaid period, then the same shall be considered and decided by

the competent authority/respondents in accordance with law within a period of two weeks thereafter. Till such time, operation of the impugned

notification dated 29.04.2021 (Annexure P-3) shall remain stayed qua the petitioner. It goes without saying that because of Corona curfew imposed in

the State, petitioner in addition to physically handing over his representation in the office of respondents, is also permitted to send the same through e-

mail and through registered A.D.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Copy dasti.