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2012 DIGILAW 651 (HP)

Lakshmi Devi v. State of Himachal Pradesh

2012-10-01

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. 1. Petitioner is aggrieved by the office order dated 29.5.2012 whereby respondent No.3., who was under transfer to Development Block, Nahan from Development Block Dharmpur has been adjusted at Development Block, Solan, District Solan against vacant post of Superintendent Grade-II which has fallen vacant due to posting of Sh. Ravi Kumar Bains Superintendent Grade-II as Block Development Officer on secondment basis. 2. Petitioner remained posted in Development Block, Dharampur with effect from 29.10.2002 to 14.5.2007. Thereafter, she was transferred to Development Block, Rajgarh where she joined on 11.6.2007. Thereafter, she was transfer to Development Block, Pachhad on 1.9.2010. She made representation stating therein that since she has to superannuate on 31.12.2013, she may be adjusted/posted at Solan. The representation made by the petitioner was under consideration and in the meantime, one Kedar Nath Pandey was adjusted at Dharampur and respondent No.3 was transferred to Nahan vide office order dated 23.4.2012. Respondent No.3 made a representation, which led to modification of order dated 23.4.2012 on 29.5.2012 and respondent No.3 was transferred to Solan instead of Nahan. 3. Mr. Vivek Singh Thakur, learned Additional Advocate General has brought to the notice of the Court subsequent development whereby the petitioner has been promoted to the post of Block Development Officer. However, Mr. Shanti Swaroop on 20.9.2012 has made a statement that his client was willing to forego the promotion to the post of Block Development Officer made on regular basis in case she is retained at Solan. 4. Respondent No.3 has remained posted in Development Block, Kandaghat with effect from 30.4.1993 to 15.5.1995, in Development Block, Solan with effect from 16.5.1995 to 1.7.1998, in Development Block, Dharampur with effect from 29.7.1998 to 10.10.2001 and in Development Block Solan with effect from 11.10.2001 to 15.6.2005 as Senior Assistant (Accounts). He remained posted Superintendent Grade-II in Development Block, Nalagarh for short period, i.e. with effect from 16.6.2005 to 30.5.2006 and he was again posted at Solan with effect from 31.5.2006 to 12.8.2009. Thereafter, he was sent to Development Block, Dharampur on 13.8.2009 where he remained posted upto 15.5.2012. It is, thus, evident that respondent No.3 has remained posted in and around Solan for more than 15 years. Petitioner has to superannuate on 31.12.2013. Thereafter, he was sent to Development Block, Dharampur on 13.8.2009 where he remained posted upto 15.5.2012. It is, thus, evident that respondent No.3 has remained posted in and around Solan for more than 15 years. Petitioner has to superannuate on 31.12.2013. According to the guidelines framed by the respondent-State regulating the transfers, the incumbent who has to retire within two years has to be given the station of his choice to mitigate hardship. Petitioner has already made a representation and the same ought to have been decided by the respondent-State instead of transferring respondent No.3 to Solan. Petitioner also desired to be transferred to Solan since her husband is working as Sub Divisional Officer in H.P.S.E.B. Limited, Deonghat, near Solan. 5. Transfer is an incidence of service. The scope of judicial review in these matters is very limited. However, in the present case, petitioner has to superannuate on 31.12.2013 and her representation ought to have been considered before transferring respondent No.3 to Solan though under transfer to Nahan. Petitioner though stood promoted as Block Development Officer on regular basis, but she has made a statement through her counsel that she would forego her promotion if permitted to work at Solan. 6. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure P-5 dated 29.5.2012 is quashed and set aside. Respondent-State is directed to transfer/post the petitioner in Development Block, Solan and respondent No.3 be posted at Development Block, Nahan as per order dated 23.4.2012. Pending application(s), if any, also stands disposed of. No costs.