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2005 DIGILAW 148 (HP)

PRITAM SINGH KAPOOR v. STATE OF HIMACHAL PRADESH

2005-05-18

NARINDER SINGH THAKUR, S.S.NEGI

body2005
ORDER The present Original Applicant has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 and the applicant has sought mainly for the following reliefs:- (1) That the order dated 3.11.2003 (Annexure-A/2) issued by the respondent No.2 may kindly be quashed. (ii) Any other relief which this Honble Tribunal may deem fit and proper, in view of the facts and circumstances of the case, may also be granted to the applicant. (iii) The record of the case may kindly be summoned up and the cost of the applicant may be awarded in favour of the applicant." 2. The present Original Applicant has been filed by the applicant against the order dated 3.11.2003, received by the applicant on 19.11.2003 issued by respondent No.2 vide which the applicant had been transferred from Govt. High School, Rajiana to Govt. High School Dhar-Chandna, District Shimla, whereas it is the fact that the applicant has joined his duties at Govt. High School Rajiana, i.e. at the present place of posting on 11.9.2003 in compliance of the order dated 3.9.2003 issued by the respondent No.3 himself and the applicant has completed a period of just about two months only but vide order dated 3.11.20003 the applicant has been transferred ignoring all the instructions contained in the transfer policy. As such the order dated 3.11.2003 is wholly illegal, arbitrary, unsustainable in the eyes of law, hence deserves to be quashed. 3. Reply has been filed by the respondents State. It is submitted by the respondents State in their reply that the applicant is borne on State Cadre and holding a transferable post, thus, is liable to be transferred anywhere in the State depending upon the exigency of service and the applicant has been transferred to Govt. High School Dhar-Chandna, District Shimla in the public interest. The transfer does not amount to punishment but a matter of administrative discretion. It is further alleged that there is growing tendency amongst the employees to serve at the places of their choice and no body is interested to serve in the remote and far-flung area of the Pradesh on one pretext or the other. It is further averred that the present original application filed by the applicant against order dated November 3, 2003 whereby the applicant has been transferred from Govt. High School Rajiana, District Kangra to Govt. It is further averred that the present original application filed by the applicant against order dated November 3, 2003 whereby the applicant has been transferred from Govt. High School Rajiana, District Kangra to Govt. High School Dhar-Chandna, District Shimla is not maintainable in the facts and circumstances of the case and submissions made here-in-below, it is apparent on the fact of the record that the applicant joined the replying respondent as TGT on 22.10.1975 and remained posted at the following places:- 1. Govt. High School, Bhagli (Shimla 22.10.1975 to 31.5.1979 2. Govt. High School, Baranda (Kangra) 1.6.1979 to 7.8.1989 3.Govt. Sr. Sec. School Bagrota Bagwan (Kangra) 8.8.1989 to 23.5.1994 4.Govt. High School, Kugi (Chamba) 1.9.1994 to 27.8.1996 4. Thereafter, the applicant was promoted to the post of head Master and posted in Govt. High School, Kathed, District Chamba and not joined there, subsequently at his request was adjusted at Govt. High School Dagoh, District Kangra. Thus the applicant in the capacity of ahead master, remained at the following stations prior to his impugned transfer to Govt. High School, Dha-Chandna, District Shimla. 1. Govt. High School, Dagoh (Kangra) 1.1.1997 to 23.12.2000 2.Govt. High School, Upperli Kothi (Kangra) 24.4.2001 to 7.7.2003 5. It further alleged by the respondents that the applicant after that was transferred to Govt. High School, Haghori, District Shimla and relieved on 7.7.2003. The applicant did not join at new place of posting and was adjusted in Govt. High School, Rajiana, District Kangra on his request and he has joined on 11.9.2003. However, in view of the longer stay of the applicant in Kangra District and exigency of service in Dhar-Chandna, District Shimla order dated 3.9.2003 was reviewed and the applicant transferred to Govt. high School Dhar-Chandna (Shimla) vide order dated 3.9.2003. 6. We have heard the learned counsel for the applicant and the learned Additional Advocate General, and have gone through their pleadings very carefully. The main contention of the respondents State is that the applicant remained posted in Kangra District since 1979 till date except for 2 years the applicant was posted outside the district. It is admitted position form the pleadings that except for 2 years the applicant remained in Kangra District. The main contention of the respondents State is that the applicant remained posted in Kangra District since 1979 till date except for 2 years the applicant was posted outside the district. It is admitted position form the pleadings that except for 2 years the applicant remained in Kangra District. It is also admitted position that the cadre of the applicant is State Cadre The main grievance of the applicant is that as per Annexure-A/1 the applicant was adjusted by the respondents department at Govt. High School Rajiana, District Kangra without TTA. As per Annexure-A/2 the applicant was transferred by the respondents department from Govt. High School, Rajiana District Kangra to months with TTA. When the applicant was transferred to Rajiana by the respondent department, this fact was very much in the knowledge of respondents State that the applicant has been adjusted at Govt. High School Rajiana, District Kangra on his own request as per Annexure A/1. It seems that the transfer order issued by the respondents department as per Annexure-A/2 has been made in malafide manner and the impugned order was issued with a collateral purpose. The present case is fully covered by the decision of this Tribunal passed in OA No. 1726/99 titled as Indu Mahajan case the request of the applicant was acceded to and she was adjusted at her own request. In the present case the applicant was also adjusted at his own request at the present place of posting i.e. Govt. High School, Rajiana, District Kangra. 7. Taking into consideration all these facts and circumstances of the case the preser Original Application is allowed as the applicant has been adjusted by the respondents department at his own request. Respondents are directed to allow the applicant to complete his normal tenure at the present place of posting i.e. Govt. High School, Rajaina, District Kangra. Impugned order issued by the respondents department vide Annexure-A/2 dated 3.11.2003 is quashed and set aside. Original Application stands finally disposed of with no order as to costs.