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2020 DIGILAW 130 (HP)

Desh Raj v. State Of Himachal Pradesh

2020-01-15

AJAY MOHAN GOEL

body2020
JUDGMENT Ajay Mohan Goel, J. - Cmp No. 1158 of 2020 Allowed and disposed of. CWP No. 333 of 2020 2. Notice. Mr. Adarsh Sharma, learned Additional Advocate General accepts notice on behalf of the respondents. 3. Learned Counsel for the petitioner submits that the limited grievance of the petitioner is that despite his having been ordered to be transferred vide Office Order dated 02.01.2020 (Annexure P-1) from IPH Division Pooh, Sub Division Pooh, Section Namgia to IPH Division Nalagarh against vacancy, he is not being relieved from his present place of posting on the ground that till his reliever joins in his place, he cannot be relieved. Learned Counsel for the petitioner argues that this act of the respondent-State is arbitrary as when the petitioner has already completed his normal tenure in tribal area, then his relieving cannot be delayed on the pretext of non-joining of his reliever because that is not in the hands of the petitioner. 4. On the other hand, learned Additional Advocate General has argued that there is no arbitrariness in the decision of the State because the services of the petitioner are required at his present place of posting till a reliever joins in his place, who stands duly transferred vide transfer order Annexure P-1 itself and it is just a matter of time and as as soon as his reliever will join the station, the petitioner shall be relieved. 5. Having heard learned Counsel for the petitioner as well as learned Additional Advocate General this Court is of the view that the transfer order of the petitioner cannot be frustrated by not relieving him on the pretext that as he is serving in a tribal area, therefore, he shall be compelled to serve at his present place of posting until he is relieved by a reliever. 6. Respondent-State is the employer. It has already transferred an incumbent in place of the petitioner. If the State is not in a position to implement its transfer order by ensuring joining of an incumbent in an hard or soft area, then the other incumbent, who is serving in the hard and tribal area and who is ordered to be transferred to a soft area, cannot be compelled to stay at said station on account of said act of omission and commission of the State. It is for the State to implement its transfer orders, and in case, an incumbent who has been transferred in place of the petitioner is not complying with the transfer order, then the State is at liberty to fill up said post by transferring some other person in place of the petitioner and/or take appropriate disciplinary action against the incumbent who has been ordered to be transferred to the said station and who is not complying with the direction so passed by the State. However, the petitioner can be made to wait in perpetuity as far as his joining at new place of posting is concerned. 7. Accordingly, this petition is disposed of with the direction that in case respondent-State is not able to provide a reliever in place of the petitioner up to 31.01.2020, then the petitioner shall be deemed to be relieved from his present place of posting, i.e. IPH Division Pooh, Sub Division Pooh, Section Namgia, on the strength of this order w.e.f. 01.02.2020 and join his new place of posting, i.e. IPH Division Nalagarh, where he has been ordered to be posted vide Office Order dated 02.01.2020 (Annexure P-1). 8. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any. Copy dasti.