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Himachal Pradesh High Court · body

2012 DIGILAW 894 (HP)

Adarsh Kaushal v. State of Himachal Pradesh

2012-11-29

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Per Rajiv Sharma, J. Petitioner was transferred to H.S.C. Ichhi (Tiara Block) on 25.11.2010. She joined her duties on 27.11.2010. Now, the petitioner has been transferred from H.S.C. Ichhi (Tiara Block) to Health Sub Centre, Bharoli Jadid vide office order dated 14.9.2012. 2. Mr. Lalit K. Sharma has strenuously argued that the petitioner has not been permitted to complete her normal tenure of three years at H.S.C. Ichhi (Tiara Block) and she has been transferred to accommodate respondent No.4. 3. Mr. Vivek Singh Thakur, learned Additional Advocate General and Mr. Neeraj K. Sharma have supported the transfer order dated 14.9.2012. 4. We have heard the learned counsel for the parties and have gone through the pleadings. 5. It is evident from the reply filed by the respondent-State that the petitioner has remained posted within the radius of less than 25 KMs with effect from 10.12.2008 to 14.9.2012. She has also remained posted within the radius of 35 KMs with effect from 3.10.1985 to 8.9.2008. Petitioner has no indefeasible right to remain posted at a particular place. Respondent No.4 was posted at H.S.C. Arth (Gopalpur) on 23.9.2009 and has completed more than three years at the time of her transfer to H.S.C. Ichhi (Tiara). 6. Transfer is an incidence 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. There is neither any illegality nor any arbitrariness in the transfer order dated 14.9.2012. The petitioner has remained posted within the radius of 35 KMs from her native place throughout her service career. 7. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.