JUDGMENT Sureshwar Thakur, J. - The writ petitioner in CWP No. 3530 of 2020, casts a challenge, upon, the impugned transfer order, made on 31.07.2020, and, borne in Annexure A-4, wherethrough, one Pawana Kumari, has been transferred, from, the Office of Assistant Project Office Integrated Development Project Unit, under, District Project Office IDP Hamirpur to Forest Beat Thetu, Block/Range Barsar, under Forest Division Hamirpur, and, in her substitution, the writ petitioner in CWP No. 2823 of 2020, one Tarsem Chand, is ordered to be posted thereat, thereupon, both the writ petitions are amenable, for, a common verdict being recorded thereons. 2. Prior to the extant petition, bearing CWP No. 3530 of 2020 becoming preferred before this Court, by Pawana Kumari, she had instituted CWP No. 2799 of 2020, wherethrough, she had strived for cancellation(s) of the afore transfer order, and, this Court had disposed off the afore writ petition, however, with a direction to the respondent concerned to make a decision, visa-vis, the validity of makings, of, the impugned therein transfer orders. However, as apparent, on, a reading of the office order made on 31.08.2020, rather the respondents proceeded to reject her claim, for, cancellation of the impugned transfer order, and, hence, Pawna Kumari becomes constrained, to, re-impugn the afore transfer order, through hers instituting CWP No. 3530, of, 2020, before this court. 3. The gravamen, of, the onslaught cast, by one Pawana Kumari, vis-a-vis, the impugned order, (a) is, embodied in the factum of articulations becoming borne in Annexure A-9, wherethrough, the Government of Himachal Pradesh accepted the terms, and, conditions, of, the financing of the relevant project, as, hence, imposed by the World Bank, (b) and, one of the accepted condition(s), appertaining to the tenure of the key staff, manning the apposite project, being unamenable for disruptions, and, for dislodging(s), unless, three years become completed, by, the apposite key staff. Consequently, the learned counsel appearing, for, petitioner one Pawana Kumari, on anvil of the afore condition, submits before this Court, that since the petitioner was a key staff, of, the relevant project, hence, the apposite disruption, as, made through the impugned transfer order, hence, lessened her tenure, of, three years, (c) whereupon, breach(es) become visited, upon, Annexure A-9, hence per se, thereupon, the impugned transfer order, smacks of vice of vindictiveness, and, also concomitantly becomes ingrained with the vice(s), of, discrimination, and, arbitrariness.
However, the afore factum cannot become accepted by this Court, as, respondents No.1, to, 3, in their reply, meted to the writ petition, do on affidavit, make conspicuous unchallenged unfoldings, vis-a-vis, the writ petitioner, deployed at the relevant project, not falling within, the domain of key staff, vis-a-vis, the apposite staff, (d) and, also they further contend that the lessening, of, the tenure of posting thereat, of, the writ petitioner, one Pawana Kumari, through, the impugned order, also becoming sequelled, upon, the apposite approvals becoming accorded qua therewith, by the competent authority, (d) thereupon, the writ petitioner becomes forestalled, to cause any obstruction(s), in, the implementation of the impugned transfer order, and, also this Court becomes estopped to grant her the espoused relief. Furthermore, any countenancing(s), visa-vis, the afore purported breaches, rather would infract the trite inviolable tenets appertaining to service jurisprudence, inasmuch, as, transfer(s) being an inviolable, besides a judicially unreviewable condition of service, unless it/they become(s) cogently demonstrated, to emanate from the vice(s), of, discrimination. Consequently, since, the afore vices are palpably amiss in the hereat transfer order, thereupon, the contest, vis-avis, its validity as made by Pawana Kumari, is, unvindicable. 4. Be that as it may, the learned counsel, for, Pawana Kumari, depends, upon, a contention borne, in the reply furnished by respondents No.1 to 3, to writ petition No.2823 of 2020, inasmuch, an echoing being borne therein, vis-a-vis, the joining, of, one Tarsem Chand being not accepted, as, the plantation work was in progress, and, also with a further articulation therein, vis-a-vis, one Pawana Kumari, rather being a trained staff, hence, therefrom, raised a contention, vis-a-vis, one Tarsem Chand's endeavour, to, assign validity, qua the impugned transfer order, becoming therethrough blunted, and, consequently, the impugned transfer order, being construable to be ingrained, with, a vice, of, capriciousness. However, even the afore made onslaught, by one Pawna Kumari, and, directed against Tarsem Chand's endeavour, and, to, hence ensure hers being not relieved from the relevant project, is, extremely frail, (a) as, the relevant plantation work happens only during the monsoon, and, upon monsoon receding, the afore plantation works stops, whereupon, the impugned transfer order, is, enjoined to be fully implemented.
In other words, with this Court, rejecting the grievance ventilated by one Pawana Kumari, thereupon, the strivings of Tarsem Chand, for, ensuring, the completest implementation, of, the apposite transfer order, if, rather becomes not accepted, thereupon, there would occur dechotomy inter se the order of dismissal recorded by this Court, upon, CWP No. 3530, of, 2020, and, the valid endeavour of Trasem Chand, to ensure, the, completest implementation, of, the apposite transfer order. 5. Even otherwise, dehors the afore, the training, if any, required for completion of the relevant project, can be also acquired by one Tarsem Chand, as, there is an immense time available since now, and, upto the onset of monsoon, hence, for his acquiring the requisite expertise, in, the field of plantation. Moreover, expertise whereof, does not apparently require, any, specialised course being undergone, nor is demonstrated, to, be undertaken by the afore Pawana Kumari. In aftermath, writ petition No.3530 of 2020, is, dismissed, and, CWP No. 2823 of 2020 is allowed, and, the respondents concerned are directed to implement the impugned transfer order, made on 31.07.2020, wherethrough one Pawna Kumari became transferred from Office of Assistant Project Office Integrated Development Project Unit under District Project Office IDP Hamirpur to Forest Beat Thetu, Block/Range Barsar, under Forest Division Hamiurpur, and, Tarsem Chand became transferred in her substitution. All pending applications also stand disposed of.