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Himachal Pradesh High Court · body

2012 DIGILAW 578 (HP)

Kailash Chand v. State of H. P

2012-09-17

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. 1. Petitioner has assailed his transfer from Government Primary School, Tikri to Government Primary School, Kuthed vide order dated 12.4.2012 vice respondent No.5. 2. Mr. Avinash Jaryal submits that the petitioner has not been permitted to complete his normal tenure since he has joined his duties in Government Primary School, Tikri only on 19.2.2010. 3. We have gone through the details of places of postings of the petitioner. Petitioner remained posted within the radius of less than ten KMs for the last 23 years. Transfer of the petitioner has been approved by the competent authority. Petitioner has no indefeasible right to remain posted at a particular place. 4. Transfer is an incident of service. The scope of judicial review in these matters is very limited. The Court can 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 Primary School, Tikri to Government Primary School, Kuthed. 3. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.