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2014 DIGILAW 1613 (HP)

Suresh Kumar v. State of H. P.

2014-11-12

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, J. It is contended that the petitioner was posted at GHS Sural, Tehsil Pangi, District Chamba, which is a tribal area, was transferred on completion of his normal tenure to GHS Tippar, District Hamirpur, was again transferred to GMS Jhaniker under complex GHS Barara, and, as on today, is at GMS Bhebar under complex GSSS Biar, District Hamirpur, now has been transferred, on the behest of MLA, in terms of order, dated 15th October, 2014, to again a tribal area, which is in violation of the transfer policy. 2. Issue notice. Mr. Romesh Verma, learned Additional Advocate General, waives notice on behalf of respondents No. 1 to 3. 3. It appears that the impugned order has been passed in violation of the transfer policy. It is apt to reproduce clause 12 of the said policy, dated 10th July, 2013, herein: “12. Posting of Employees in Hard/Difficult/ Remote/Hard Areas: In view of the observations made by the Hon'ble High Court vide judgment dated 27-08-2007 in CWP No. 1105/2006 titled as Sushila Sharma, Head Teacher V/s State of H.P. & others, every department will ensure that all the employees are treated fairly and equally in the matter of transfer and posting. The Departments may also ensure that every employee during his tenure of service, serves in Tribal/ Hard/Difficult Areas and also in Remote/Rural Areas. While making transfers the Department shall ensure that the employees who have already served in Tribal/Hard Areas as well as in Remote/Rural Areas are not again sent to these Areas and there may be a continuous process of change whereby all the employees have a chance to serve in Tribal/Hard Areas as well as Remote/Rural Areas and measures shall be taken to ensure that employees remained posted in the Urban Areas/Cities for a long period, are transferred and posted to Rural/Remote Areas and Hard/Tribal Areas in the transfer season when the transfers are made. It will be the responsibility of concerned Head of Department/competent authority to relieve the officer/official transferred to tribal / difficult / hard / remote / rural areas. 12.1 All the Departments will ensure that all employees during their entire period of service will serve for at least single tenure in the Tribal/Difficult/Hard areas and remote/rural areas. In order to earn their promotion, service in such areas will be mandatory. 12.1 All the Departments will ensure that all employees during their entire period of service will serve for at least single tenure in the Tribal/Difficult/Hard areas and remote/rural areas. In order to earn their promotion, service in such areas will be mandatory. This would be subject to adequate number of posts being available in such areas. However, this will not apply to those employees who have less than 5 (Five) years to superannuate. This stipulation is to be incorporated in R&P Rules wherever applicable. A common provision to this effect has been devised by the Department of Personnel after having obtained the approval of competent authority. No Government employee can claim his transfer or posting as a matter of right. It will be the discretion of the State Government to post/transfer any employee anywhere in the State keeping in view of the administrative exigencies/convenience.” 4. In the given circumstances, we deem it proper to dispose of this writ petition by directing the respondents to examine the case afresh and pass orders within four weeks. Till then, the impugned order is stayed. 5. The writ petition is disposed of accordingly alongwith all pending applications. Copy dasti.