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Himachal Pradesh High Court · body

2012 DIGILAW 831 (HP)

Reeta Devi v. State of Himachal Pradesh

2012-11-15

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. The petitioner has joined as A.N.M. on 26.07.2000 at A.H.C., Kalashan. She was transferred to A.H.C., Chhater in the month of September, 2007. Thereafter, she was transferred to A.H.C., Nagchala (Mandi) in the month of June, 2010. Now, the petitioner has been transferred to A.H.C., Kakdoh vide office order, dated 14.05.2012. The respondent No. 4 was posted as A.N.M. at A.H.C., Bharwa (Kullu) and was transferred to Katrain (Kullu) in 2002. She was transferred from A.H.C., Katrain (Kullu) to A.H.C., Kadkoh on 21.09.2004 and thereafter, she has been transferred to Nagchala vice petitioner. The distance between A.H.C., Nagchala and the house of the petitioner is only 8 Kms. and the distance between the house of the petitioner and A.H.C., Kadkoh is only 44 kms. The respondent No. 4 has already served two places in District Kullu, namely, A.H.C., Bharwa (Kullu) and A.H.C., Katrain (Kullu) before her transfer to A.H.C., Kadkoh (Mandi) in the month of September, 2004. 2. The transfer is an incident of service. The petitioner has already completed two years and four months at A.H.C., Nagchala (Mandi). She has no indefeasible right to remain posted at a particular place. She has only been transferred to a place, which is about 44 kms. from her home. 3. The scope of judicial review in transfer matters is very limited. The Court will interfere in transfer matters only when these are actuated with legal malafides, arbitrariness, unreasonableness and are in violation of any statutory norms. The petitioner has not alleged any malafide in the petition against the functionaries of the State Government. 4. Accordingly, in view of the observations and analysis made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.