Vishal Thakur vs State Of H.P. & Ors

Tarlok Singh Chauhan, J

Aggrieved by the order of transfer, the petitioner has filed the instant petition for the grant of following substantive reliefs:-

“(i) That the Hon’ble Court may kindly issue a writ of certiorari and the transfer order dated 06.05.2021 (Annexure P-1) passed by Engineer-

in-Chief, Jal Shakti Department may kindly be quashed and set aside.

(ii) That this Hon’ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to allow the petitioner to work as Clerk

in Jal Shakti Department, Jal Shakti Bhawan, Tutikandi, Shimla.

The petitioner was appointed as Clerk on 02.11.2018 and joined as such at Jal Shakti Department, Jal Shakti Bhawan, Tutikandi, Shimla. Now, vide

order dated 06.05.2021, the petitioner has been ordered to be transferred to the newly created Jal Shakti Circle at Dharampur, District Mandi, which

transfer has been assailed mainly on the ground that the petitioner cannot be ordered to be transferred before completion of three years of service

against the terms and conditions of contract as also against the transfer policy, which clearly provides; “The employee 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 basisâ€​.

The respondents have contested the petition by placing on record instructions dated 15.06.2021, the relevant portion whereof reads as under:-

“In this connection, it is stated that consequent upon the opening of new Jal Shakti Circle at Dharampur, Distt. Mandi vide Secretary (JSV) to the

Govt. of Himachal Pradesh Notification No. JSV-A-A(1)-9/2020 (copy enclosed) three posts of Jr. Asstt./Clerk/JOA (IT) have been shifted from

Head Office Shimla to Jal Shakti Circle Dharampur.

Sh. Vishal Thakur, Clerk working on contract basis in Head Office, Jal Shakti Department is permanent resident of Village Sarohali, P.O. Maseran,

Tehsil Sarkaghat, Distt. Mandi which is located about 25 kms. from Jal Shakti Circle Dharampur. He has already completed his stay of more than 2

½ years in Head Office, therefore, his transfer alongwith post is just, proper, legal and valid.â€​

Admittedly, the petitioner, even as per the respondents, has not completed three years of service at the given station and has rather only completed

2 ½ years, therefore, could not have been ordered to be transferred before completion of three years of service in accordance with contract of

service as also in accordance with the provisions of the Transfer Policy, as quoted above.

Accordingly, we find merit in this petition and the same is allowed and consequently the transfer order dated 06.05.2021 (Annexure P-1) is quashed

and set aside and the petitioner is permitted to continue at the present place of posting till he completes three years of service. Thereafter, it shall be

open to the respondents to transfer the petitioner in accordance with law.

The petition stands disposed of in the aforesaid terms, so also pending applications, if any.