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Himachal Pradesh High Court · body

2012 DIGILAW 574 (HP)

Krishan Chand v. State of Himachal Pradesh

2012-09-17

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. 1. Petitioner was posted in Government Senior Secondary School (Girls), Hamirpur on 2.6.2008. He was transferred to Government Senior Secondary School, Bohni (Hamirpur) on 14.5.2010. He has now been transferred from Government Senior Secondary School, Bohni (Hamirpur) to Government Senior Secondary School, Parol vide impugned order dated 22.8.2012. 2. Case of the petitioner, in a nutshell, is that he has not been permitted to complete his normal tenure in Government Senior Secondary School, Bohni (Hamirpur). 3. We heard the learned counsel for the parties and have gone through the pleadings. 4. It is evident from the details of the postings of the petitioner that he has remained posted within the radius of 15 KMs with effect from 2.6.2008 till the date of his transfer. The distance between Government Senior Secondary School (Girls), Hamirpur and Government Senior Secondary School, Bohni is only 14 KMs. There is no illegality in the transfer order whereby the petitioner’s short stay has been clubbed to transfer him from Government Senior Secondary School, Bohni. Thus, there is no merit in the contention of the learned counsel for the petitioner that his client has not been permitted to complete his normal tenure in Government Senior Secondary School, Bohni. 5. Transfer is an incident of service. The scope of judicial review in these matters is very limited. The Court may intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. Petitioner has not alleged any specific mala fides. There is no arbitrariness or unreasonableness in the transfer order whereby the petitioner has been transferred from Government Senior Secondary School, Bohni to Government Senior Secondary School, Parol. 6. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.