The Division Bench of High Court of Himachal Pradesh, Shimla consisting of Justices Tarlok Singh Chauhan and Chander Bhusan Barowalia opined that as a matter of right and in terms of the transfer policy issued by the State Government, the petitioner is entitled to be transferred/posted at one of the stations of his choice.
Facts
The petitioner has been serving in hard area and after completing his normal tenure of service he ought to have been posted at a soft station, that too one of his choices, but unfortunately, he has been again transferred to hard station.
Contentions Made
Learned counsel for the petitioner states that the petitioner has completed his normal tenure of service in hard area and therefore, as a matter of right, he is entitled to be transferred/posted at one of the stations of his choice as mentioned in prayer clause extracted hereinabove, in terms of the transfer policy issued by the State Government. It was prayed that the impugned transfer order may be quashed and set aside, and the petitioner may be ordered to be transferred from the present place of posting to the stations of his choice against vacancy or longer stay.
Judgment
The Bench deemed it proper to dispose of the present petition by directing the respondents to consider the case of petitioner by posting him at a station of his choice within a period of four weeks from the date of order and in the meantime operation of impugned order dated 10.12.2021 shall remain stayed.
Case Name: Multan Singh vs The State of Himachal Pradesh & Ors
Citation: Civil Writ Petition No. 8271 of 2021
Bench: Justice Tarlok Singh Chauhan, Justice Chander Bhusan Barowalia
Decided on: 31st December 2021
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