The Himachal Pradesh High Court disposed of a petition, praying that the respondents may kindly be directed to transfer the petitioner from the present place of posting and to decide and consider the representation of the petitioner as per law and policy in a time-bound manner. The Court observed that once an employee has completed the normal tenure of two winters and three summers in a tribal area or such like areas then, the State shall not prolong the stay of an employee in such areas; on the pretext of awaiting the posting of a substitute to be sent to such areas.
Brief Facts:
The petitioner was appointed as a TGT (Non-Medical), on a contract basis on 11.11.2019. While working at the said place, the petitioner was regularized in April 2022. Consequently, the petitioner is working at the same station. The grievance of the petitioner is that in terms of the mandate of Clauses 12 and 16 of the Transfer Policy issued by the State Government on 10th July 2013, as amended from time to time, an employee is required to serve for two winters and three summers in the rural/remote area in terms of the policy. Despite having completed the requisite normal tenure in the aforesaid rural/remote area, the respondents have transferred to the soft area, despite representation dated 03.08.2023.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that though the representation dated 03.08.2023 indicates six stations of which some stations as indicated in the representation have been filled-up by way of appointment/transfer, the petitioner may be permitted to furnish fresh stations of choice in soft areas, in terms of Clause 16.1 of the Transfer Policy.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the petitioner has indicated five stations in Para-3 of the representation which are in one District, whereas five stations should have been indicated and that too more than one District, as per existing Transfer Norms.
The Court observed that while examining the claim of an employee, the respondents are under obligation to take into account, another aspect of the matter that once an employee has completed the normal tenure of two winters and three summers in a tribal area or such like areas then, the State shall not prolong the stay of an employee in such areas; on the pretext of awaiting the posting of a substitute to be sent to such areas when, it is for the State Authorities to work out modalities for posting a substitute or to arrange for manpower and an employee has who has completed his tenure has no role in the matter.
The decision of the Court:
The Himachal Pradesh High Court, disposing of the petition, held that the petitioner can make a fresh representation in continuation of the earlier representation.
Case Title: Surinder Paul v State of Himachal Pradesh & Ors.
Coram: Hon’ble Justice Ranjan Sharma
Case no.: CWP No.9723 of 2023
Advocate for the Petitioner: Mr. Sanjeev Kumar Motta
Advocate for the Respondents: Mr. Rajan Kahol
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