Himachal Pradesh High Court
Rajeev vs State Of H.P. & Ors on 27 February, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2622 of 2025
Date of decision: 27.02.2025
Rajeev. ...Petitioner.
Versus
State of H.P. & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Anshul Attri, Advocate.
For the respondents : Mr. Y.P.S. Dhaulta, Additional
Advocate General.
Jyotsna Rewal Dua, Judge
Petitioner, a Senior Assistant, belonging to State
Cadre feels aggrieved of the office order dated 21.02.2025
that transfers him from HPPWD NH Division Nahan, District
Sirmaur to HPPWD Sangrah Division, District Sirmaur. The
impugned transfer order has been issued vice respondent
No.3, who has been brought in place of petitioner at Nahan
from Sangrah.
2. The facts pleaded by the petitioner are that:-
2(i). Petitioner was appointed as Clerk on 14.09.2012
and appointed as such in HPPWD Chopal, District Shimla.
The petitioner served at Chopal w.e.f. 17.09.2012 upto
August, 2016, i.e. for a period of about 4 years.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
2(ii). In August, 2016, the petitioner was transferred to
NH Division Nahan, District Sirmaur. The petitioner served
at this station upto 07.06.2024.
2(iii). On 07.06.2024, the petitioner was promoted as
Senior Assistant and upon promotion, he was transferred
from NH Division Nahan, District Sirmaur to Electrical
Division-II, Shimla. The petitioner served at the transferred
station (Shimla) consequent upon his promotion w.e.f.
10.06.2024 to 29.07.2024. In other words, on promotion the
petitioner served at Shimla for about 1.5 months.
2(iv). On 29.07.2024, the petitioner was once again
brought back to NH Division Nahan, District Sirmaur.
2(v). On 21.02.2025, the respondents transferred the
petitioner from NH Division Nahan, District Sirmaur to
HPPWD Division Sangrah, District Sirmaur.
Petitioner feels aggrieved against his transfer to
Sangrah under order dated 21.02.2025 and therefore, has
moved this writ petition.
3. Heard learned counsel for the parties and
considered the case file.
4. Learned counsel for the petitioner submits
that:-
4(i). Petitioner has been transferred after short stay of
7 months at the present place of posting at NH Division
Nahan. He has not been allowed to complete his normal
tenure at the present place of posting.
4(ii). Transfer has been effected on political
interference, merely to accommodate respondent No.3 at NH
Division Nahan.
4(iii). Challenge has also been laid to office
memorandum dated 13.02.2025, whereby one additional
Para 22 A with the heading "Redressal of grievance on
account of Transfer" has been inserted in the office
memorandum dated 10.07.2013 under the subject
"Comprehensive Guiding Principles-2013 (CGP-2013) for
regulating the transfer of State Government employees -
prescription of new provision thereof".
5. Observations.
5(i) Petitioner's contentions on facts are misplaced. It
is an admitted position that petitioner has served for 7 years
at NH Division Nahan w.e.f. August, 2017 to 07.06.2024,
during which period services of the petitioner were also
regularized. It was on his promotion as Senior Assistant on
07.06.2024 that the petitioner was transferred to Electrical
Division-II, Shimla. Petitioner availed his promotion and
accordingly, joined at Electrical Division-II, Shimla.
However, petitioner served at the transferred station (Shimla)
only for a period of 1.5 months. On 29.07.2024, the
petitioner again managed to get himself transferred back to
NH Division Nahan, District Sirmaur, where he had already
served for 7continuous years and from where he was shifted
just about a month & half ago.
5(ii) To a query of the Court as to whether petitioner's
re-transfer to NH Division Nahan on 29.07.2024 was at
petitioner's instance and request, the answer given by
learned counsel for the petitioner was in affirmative. It was
also apprised that the petitioner belongs to Nahan District
Sirmaur.
In view of above facts, where the petitioner had
admittedly been continuously serving at NH Division Nahan
w.e.f. August 2016 till date with a short break of about 1.5
months at Shimla (08.06.2024-28.07.2024), his plea of
having been transferred under the impugned order after a
short-stay of 7 months at Nahan, cannot be countenanced.
Petitioner admittedly belongs to State Cadre. But for short
tenure of 1.5 months at Shimla (08.06.2024-28.07.2024)
where he was posted on promotion, petitioner till date has
been serving at NH Division Nahan, District Sirmaur ever
since August, 2016. He is required to serve in other districts
as well in the State. In fact, under the impugned office order,
petitioner has though been transferred but again to a
division in District Sirmaur itself. No case for interference
with the impugned office order is made out.
In view of above, it is not necessary to advert to
petitioner's contentions against office memorandum dated
13.02.2025. The question of law in this regard is left open to
be considered in an appropriate case.
In view of above discussion, there is no merit in
the present petition. The same is accordingly dismissed.
Pending miscellaneous application(s), if any, shall also stand
disposed of.
Jyotsna Rewal Dua
27 February, 2025
th
Judge
(Pardeep)
