Yogeshwar Singh vs The State of H.P.

V.K. Sharma, J.—The grievance raised by the Petitioner, Shri Yogeshwar Singh, Veterinary Officer, in the Department of Animal Husbandry, Himachal Pradesh, is that he was initially appointed as Veterinary Stock Assistant on 24.4.1982. During such posting he worked in a difficult area in Veterinary Hospital, Anni, District Kullu from 24.4.1982 to 20.09.1985. Thereafter he was again transferred to a difficult area, that is, Veterinary Dispensary, Sarga, District Kullu where he served from 21.09.1985 to 02.04.1991. On the face of it, both these postings were of full tenure of more than three years. Thereafter he remained posted at different stations as per table given in para 2 of the reply filed on behalf of the Respondents.

Now, by way of Notification dated 11.09.2009, Annexure P-1, he has been promoted as Veterinary Officer and transferred and posted as such in Veterinary Hospital Shishu, Lahul & Spiti, a tribal area. By filing and maintaining the present petition he beseeches this Court for to set right wrong done to him. To be explicit, the case set up by him is that as he had served two full tenures of more than three years in difficult areas, it was expected that he would be transferred and posted in a ''soft area'', preferably of his choice. Instead, he has been transferred and posted in a tribal area.

It goes without saying that transfer is a necessary concomitant of employment. It is for the employer to decide as to how and where the services of its employees are to be utilized. However, the Respondent being a welfare State is required to act in such matters on objective considerations and in consonance with Transfer Policy, if any. It is represented that the State of Himachal Pradesh has framed a Transfer Policy for its employees. As and when an employee is transferred, the factum of his having served in hard/tribal area etc. is duly taken into consideration.

Against the above backdrop, the interests of justice would be squarely met in case the Petitioner makes a representation to the Respondent within a week from today, the same shall be considered in accordance with the Transfer Policy framed by the Respondent and disposed of within a further period of four weeks. It is understood that while undertaking this exercise, the factum of the Petitioner having already served in difficult areas for two normal tenures of more than three years each, would also be given due consideration. If need be and so desired by the Petitioner, he may also be afforded an opportunity of being heard.

It be stated that though admittedly the Petitioner has joined the place of his new posting in Veterinary Hospital Shishu, District Lahul & Spiti on 24.09.2009, yet his request for adjustment in a ''soft area'', preferably of his choice, may be considered by the competent authority in accordance with Transfer Policy, rules and the law.

The petition stands disposed of in the above terms.

In view of disposal of the main appeal, pending CMP, if any, shall also stands disposed of, as infructuous.