Varinder Kumar vs State Of Himachal Pradesh And Others

Sabina, J

Petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking mainly the following relief(s):-

“i) That the impugned order contained in Annexure P-1 dated 27.1.2023 may kindly be quashed and set-aside.

ii) That the respondents may kindly be directed to allow the petitioner to be continue at the present place of posting or in the alternative he may be ordered to be adjusted nearby instead of sending his to the last Division of District Una, HP.”

Learned counsel for the petitioner has submitted that the petitioner has been transferred to a distance of about more than 60 Kilometers. Petitioner is working as a Pump Operator. Although, as per the impugned order, petitioner has been temporarily deputed in Jal Shakti Sub Division Bharwain, but no outer limit has been given in the order.

Learned Deputy Advocate General, on the other hand, has opposed the petition and has submitted that the petitioner has been transferred on administrative grounds. As and when, a substitute is available, petitioner would be relieved from Jal Shakti Sub Division Bharwain. In fact, petitioner is working at the present place of his posting for the last 9 years and 8 months.

A perusal of impugned order dated 27.1.2023, Annexure P-1, itself reveals that the petitioner has been temporarily deputed in Jal Shakti Sub Division Bharwain, due to exigency of work, in public interest. Moreover, petitioner has remained posted at his present place of posting for the last more than 9 years. It is not a case, where, the petitioner has been deputed temporarily due to any mala fide reasons.

In the above factual background, writ petition is liable to be dismissed.

Dismissed.

Pending miscellaneous application(s), if any, shall also stand disposed of.