Research › Search › Judgment

Himachal Pradesh High Court · body

2015 DIGILAW 970 (HP)

Rajender Kumar Arora v. State of Himachal Pradesh

2015-07-30

DHARAM CHAND CHAUDHARY, MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir, J. The State-Department of Public Works had issued an order of transfer, dated 28.04.2015, whereby Shri Rajender Kumar Arora came to be transferred and posted as Superintending Engineer (Elect.) Second Circle, HPPWD, Dharamshala and Shri O.P. Shama was promoted as Superintending Engineer (Elect.) and was posted as such at First Circle, HPPWD, Kasumpti, Shimla, was subject matter of Original Application No. 739 of 2015, titled as Shri Rajender Kumar Arora versus State of H.P. and others, before the H.P. State Administrative Tribunal (for short "the Tribunal"). Learned Tribunal dismissed the said Original Application vide judgment and order, dated 30.04.2015, while saddling both the officers with costs quantified at Rs. 10,000/- each. 2. Both the officers, feeling aggrieved by the said judgment and order, have questioned the same by the medium of CWPs No. 2722 and 2786 of 2015. 3. Thereafter, the department issued a fresh order of transfer, dated 22.05.2015, made by the Additional Chief Secretary (PW) to the Government of Himachal Pradesh, whereby Shri Rajender Kumar Arora came to be transferred and posted as Superintending Engineer (Elect.) Second Circle, HPPWD, Dharamshala and Shri O.P. Shama, on promotion as Superintending Engineer (Elect.), came to be posted at First Circle, HPPWD, Kasumpti, Shimla, which is subject matter of CWP No. 2883 of 2015. 4. Learned Advocate General, while submitting his arguments, stated that the State, in its wisdom, is of the view that the service of Shri O.P. Shama can be suitably utilized at First Circle, Kasumpti, Shimla whereas the services of Shri Rajender Kumar Arora can be utilized in his best capacity at Dharamshala and it is the prerogative of the State to make transfer orders. Further argued that both the officers are A-class officers, so they cannot seek their posting at the places of their choice. 5. In para 3 of the preliminary objections, the State-respondents have stated that Shri O.P. Shama was born on 15.06.1958 and shall retire from government service on 30.06.2016 whereas the date of birth of Shri Rajender Kumar Arora is 06.03.1959 and shall be retiring from the government service on 31.03.2017, i.e. after nine months' from the date of retirement of Shri O.P. Shama, and this was also one of the criterion for posting Shri O.P. Shama at First Circle, Kasumpti, Shimla. 6. 6. It is apt to reproduce paras 3 to 5 of the preliminary objections in the reply filed by respondent-State in CWP No. 2786 of 2015 herein: "3. That the date of birth of Respondent No. 2 is 6.3.1959 as such he shall retire from Govt. service on 31.3.2017 but that of the petitioner is 15.6.1958 and he shall retire from Government service on 30.6.2016 i.e. 9 months earlier to the petitioner. 4. That the Hon'ble Court has also granted stay on order dated 28.4.2015 qua the petitioner with the observation that it shall be open for the respondent-State to transfer respondent No. 3 as per observations made in order dated 30.4.2015 by the learned Himachal Pradesh Administrative Tribunal. The matter was considered and the order dated 22.5.2015 (Annexure P-4) was issued as the respondent Department has only two posts of Superintending Engineer (Electrical) i.e. one at Shimla and other at Dharamshala. The said order dated 22.5.2014 has also been stayed by this Hon'ble Court vide order dated 5.6.2015 in CWP No. 2883/2015 so filed by Respondent No. 2 as such this petition deserves to be clubbed & jointly decided with other two writ petition Nos. 2722/2015 and 2883/2015 so fled by Respondent No. 2. 5. That it is well settled position regarding transfer of Government servant that no Government employee can claim his transfer or posting as a matter of right. It is the prerogative of the State of Govt. to post/transfer any employee anywhere in the State keeping in view the administrative exigency. An order of transfer is an incident of Government service as the government servant is at the disposal of the Government which pays him and he may be employed where ever required by the competent authority." 7. We have gone through all the writ petitions. Shri Rajender Kumar Arora has not averred in any of the writ petitions that the transfer orders made are outcome of malice or mala fides and no officer has been arrayed as party respondent in the array of respondents in his personal capacity. 8. The State-respondents have specifically stated that they are not in a position to comply with the directions issued by the learned Tribunal for the reason that no such cadre post is available in the tribal areas. 8. The State-respondents have specifically stated that they are not in a position to comply with the directions issued by the learned Tribunal for the reason that no such cadre post is available in the tribal areas. No fault can be found with the transfer order made on 22.05.2015, which is subject matter of CWP No. 2883 of 2015. 9. The writ petitions filed by Shri Rajender Kumar Arora and Shri O.P. Shama whereby they have challenged the order made by the learned Tribunal, i.e. CWPs No. 2722 and 2786 of 2015, have become infructuous in view of the transfer order made by the State, which is subject matter of CWP No. 2883 of 2015. 10. The moot question is - whether A-class officers can question the decision of the Government qua their transfers on the grounds taken in the writ petitions. We are of the considered view that no such ground is available to Shri Rajender Kumar Arora, who has not yet vacated the residential accommodation at Dharamshala from the date when he was transferred from Dharamshala to Shimla, vide transfer order, dated 28.11.2014. 11. Keeping in view the averments contained in the writ petitions read with the stand taken by the State and the discussions made hereinabove, no case for interference is made out. 12. In the given circumstances, the order, dated 30.04.2015, made by the learned Tribunal in Original Application No. 739 of 2015 so far as it relates to imposing of costs is set aside and the writ petitions are disposed of, as indicated hereinabove, alongwith all pending applications.