Dev Raj Vs the State of Hp and Others

___________________________________________________________________ For the petitioner : M/s Parav Sharma, Rahul Thakur and Shekhar Badola, Advocates. For the respondents : Mr. Sumit Sharma, Deputy Advocate General for respondents No. 1 and 2. : Mr. Ashwani Kaundal, Advocate for respondent No. 3. Ajay Mohan Goel, Judge (Oral)

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By way of this writ petition, the petitioner assails transfer order dated 22.02.2024, in terms whereof the petitioner has been transferred from GMS Khirki, U/C GSSS Karot, District Hamirpur to GHS Nagan, District Shimla, H.P. by clubbing his previous stay. The petitioner assails the transfer order inter alia on the ground that he has been transferred from GMS Khirki just after a short stay of five months and further the transfer is a result of DO note.

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1 Whether reporters of the local papers may be allowed to see the judgment?

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2

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Reply to the petition stands filed and a perusal of the same demonstrates that since the year 2018, the petitioner has been serving within a radius of 20-25 kilometres.

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The petitioner is serving as TGT (Non Medical), which is a State cadre post, yet, he has been able to manage his transfer within a radius of 20-25 kms. for the last six years. Now when he has been transferred to another station, which is outside District Hamirpur, he assails the same on the ground that the transfer is in violation of the Transfer Policy, as his stay at GMS Khirki, was only of five months. This Court is of the considered view that an employee, who is appointed against a State Cadre post, preferably should be transferred after he/she completes his/her tenure in a particular district to another district. The very fact that an incumbent is a State cadre employee, carries with it an obligation that such an employee is bound to serve his/her employer at whichever station, he/she is transferred within the State. However. it is an open secret that, what to talk of District Cadre employees, even the State Cadre employees manage their postings around nearby stations. Of course, this is with the consensus of the department concerned but the same does not give any unfettered right to such an employee that in case, employer transfers him/her outside his/her comfort zone, then the

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3

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employee can challenge the transfer order on the ground of short stay despite the fact that such an incumbent has been serving for a long time at stations which are in close vicinity to the stations from which he stands transferred.

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Therefore, as this Court does not find any illegality in the transfer of the petitioner, by clubbing his previous stay at nearby stations, and as it is an admitted fact that the petitioner who belongs to a State Cadre post, has been serving within a radius of 20-25 kms for the last six years, the present petition being devoid of merit is dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly.

Dev Raj v. the State of Hp and Others

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Dev Raj v. the State of Hp and Others

Case brief

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