Quashed

Yashwant Singh v. State of Hp and Anr.

Himachal Pradesh HC1 Aug 2022CWP/1747/2022

Case brief

AI extract

What is this about?

The High Court quashed a transfer order against a school service officer who had been transferred to a hard area within six months. The bench held that no administrative exigency or public interest justified the frequent transfers violating the normal tenure rule. The office order was set aside.

What did the court decide?

The office order dated 19.03.2022 Annexure P-7 was quashed, and the petitioner was directed to continue serving at GSSS, Jhajja Kothi.

Yashwant Singh Vs State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2022)

¶1

REPORTABLE/NON-REPORTABLE

¶2

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

¶3

ON THE 1^st DAY OF AUGUST, 2022

¶4

BEFORE

¶5

HON’BLE MRS. JUSTICE SABINA & HON’BLE MR. JUSTICE SATYEN VAIDYA

¶6

CIVIL WRIT PETITION No. 1747 OF 2022

¶7

Between:-

¶8

YASHWANT SINGH, AGED ABOUT 42 YEARS, S/O SH. DEVI SINGH, R/O V.P.O. JASSOURGARH, TEHSIL CHURAH, DISTRICT CHAMBA, H.P.

¶9

…...PETITIONER

¶10

(BY SH. SANJEEV BHUSHAN, SRNIOR ADVOCATE WITH SH. RAJESH KUMAR, ADVOCATE)

¶11

AND

¶12

1. STATE OF HIMACHAL PRADESH, THROUGH ITS PRINCIPAL SECRETARY, (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH.

¶13

2. DIRECTOR OF HIGHER EDUCATION, GOVERNMENT OF HIMACHAL PRADESH.

¶14

...RESPONDENTS

¶15

(BY SH. KUNAL THAKUR, DEPUTY ADVOCATE GENERAL)

¶16

This petition coming on for admission after notice

¶17

this day, Hon’ble Mr. Justice Satyen Vaidya, passed the following:

- 2 -

ORDER

Heard.

Aggrieved against the transfer order dated 19.03.2022 (Annexure P-7), whereby petitioner has been ordered to be transferred from GSSS Jhajja Kothi, District Chamba to GSSS Jamna, District Sirmaur, petitioner has prayed for following substantive relief:

¶22

“(i) That appropriate writ, order or direction may very kindly be issued and impugned order (Annexure P-7) dated 19.03.2022 may very kindly be quashed and set-aside, with further direction to the respondents to allow the petitioner to continue serving at GSSS, Jhajja Kothi, in the interest of law and justice.”

¶23

Petitioner remained posted in GSSS Tissa, District

¶24

Chamba from 01.10.2010 to 25.09.2021, which is a hard and sub-cadre area. Petitioner was transferred to GSSS Jhajja Kothi, District Chamba on 25.09.2021. Petitioner has again been transferred to GSSS Jamna, District Sirmaur within six months of his posting at GSSS Jhajja Kothi.

¶25

On 22.12.2019, also petitioner was ordered to be transferred from GSSS Tissa to GSSS Jhajja Kothi. Before petitioner could join his new place of posting, he learnt that

¶26

- 3 -

¶27

the transfer order had been stayed by the orders of the Court. Petitioner remained at GSSS Tissa.

¶28

Respondent No.2 issued transfer order dated 08.07.2021 in the name of Sh. Jaswant Khanna from GSSS Tissa (CBA) to GSSS Nagali (CBA). Later, on 19.07.2021 it was clarified by issuing a corrigendum that it was the petitioner instead of Jaswant Khanna, who was transferred from GSSS Tissa (CBA) to GSSS Nagali (CBA). Petitioner assailed the said order before this Court in CWP No. 4087 of 2021, which was disposed of vide order dated 26.07.2021 with liberty to the petitioner to make representation to the respondents and direction to the respondents to consider the same and pass appropriate orders. In pursuance to aforesaid order dated 26.07.2021, respondent No.2 issued order dated 22.9.2021 whereby petitioner was adjusted at GSSS Jhajja Kothi. Petitioner joined GSSS Jhajja Kothi on 25.09.2021.

¶29

The grievance of the petitioner is that he has been transferred within a period of six months without any public interest or administrative exigency. The impugned transfer has also been alleged to be against the “Comprehensive Guiding Principles, 2013” as the petitioner has not been allowed to complete normal tenure at GSSS Jhajja Kothi.

¶30

- 4 -

¶31

Respondents have contested the claim of

¶32

petitioner on the grounds that the petitioner belongs to District Chamba and has remained in the same District since his initial appointment. The right has also been asserted to transfer the petitioner anywhere in the State on

¶33

administrative grounds.

¶34

Clause 10 of the “Comprehensive Guiding

¶35

Principle, 2013” reads as under:

¶36

“ 10. Normal stay at a place. The Government can transfer any Officer/Official at any time irrespective of stay, in view of the administrative exigency in the public interest. However, normally the tenure/stay of an Officer/official at one station shall be three years which will not be applicable to the officers of IAS/HPAS/HPPS/HPFS, other allied Services and all Class-I & II Officers.”

¶37

Though the respondents can transfer its

¶38

employees even before the completion of normal tenure, but there has to be some justification in the shape of administrative exigency or public interest. In the given facts of the case, no such exigency has been pleaded or proved. Merely because petitioner belongs to District Chamba and has remained in Chamba since his initial appointment,

¶39

- 5 -

¶40

cannot be a ground of administrative exigency. There is no rule that a person cannot remain posted in home district for more than a particular period.

¶41

Petitioner has remained in hard and sub-cadre area for more than ten years. He was transferred to GSSS Jhajja Kothi on his request in pursuance to order dated 26.07.2021 passed by this Court in CWP No. 4087 of 2021.

¶42

In view of above discussion, we are of the considered view that the transfer of petitioner ordered vide Annexure P-7 is neither in public interest nor administrative exigency, therefore, the impugned transfer order cannot be sustained. Accordingly, office order dated 19.03.2022 (Annexre P-7) is quashed

¶43

The petition is accordingly disposed of in the aforesaid terms, so also the pending miscellaneous

¶44

application(s) if any.

¶45

(Sabina) Judge

Yashwant Singh v. State of Hp and Anr.

Case brief

What is this about?

What did the court decide?

Yashwant Singh v. State of Hp and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nanda Bhadur Vs State of Hp

Sonu Kumar Vs State of Hp and Others

Karam Chand Vs State of Hp and Ors.

Dushyant and Anr. Vs State of Hp and Ors.

Sandeep Kumar Vs State of Hp and Ors.

Kamlesh Kumar Vs State of Hp and Anr.