IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.: 1662 of 2009 Date of decision: 10.7.2009 Tilak Raj … Petitioner. Versus State of H.P and others. …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting?1 No. For the petitioner: Mr. Rajesh Kumar, Advocate. For the respondents: Mr. Ram Murti Bisht and Mr. Rajesh Mandhotra, Deputy Advocate General. Per Deepak Gupta, J. (Oral) By means of this writ petition, the petitioner has prayed that the respondent-State may be directed to give effect to the transfer order dated 1st August, 2008 whereby he has been transferred from Electrical Sub Division, Reckong Peo to Electrical Sub Division, Hamirpur. The brief facts of the case are that the petitioner is working as Junior Technician (Electrical). As per the supplementary affidavit filed, he was appointed as Junior Technician at Reckong Peo on 1st March, 1990 on daily wage basis. His services were regularized at Reckong Peo itself in October, 2002 and he continues at that station till date. The normal tenure in hard tribal area is two winters and three summers. This is the accepted norm fixed by the State itself. 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 In the present case, the petitioner has worked for almost two decades in the tribal area. It may be true that out of this period 12 years was on daily wage basis but the fact remains that the petitioner has spent his entire career till date in the hard tribal area. As per the practice and transfer policy of the State Government when any employee has served his normal tenure in a hard area he has to be transferred to one of the stations of his choice. The petitioner has been transferred vide the impugned order but has not been relieved only on the ground that the person who has been transferred in his place has not joined and has been adjusted at some other place. This is not the way in which administration can be run. We are constrained to observe that the respondents have failed to even ensure implementation of their own orders. It is indeed surprising that an employee of the Government has to approach the Court for getting the orders of the Government implemented. It has been argued before us that the persons who are transferred to the tribal area do not join there and therefore, the practice being followed is that till the person transferred to tribal area does not join, the employee who has been transferred from the tribal area is not relieved. We are not against such a practice and would not normally interfere in such a matter but in the present case we find that the petitioner after having served 12 years in Reckong Peo on daily wage basis and six years on regular basis was transferred from the tribal area on 1st August, 2008. Almost a year has elapsed and till date no body has joined in his place. This situation cannot be permitted to continue infinitely. We, therefore, dispose of this writ petition with a direction to the State Government to ensure that the petitioner is relieved on or before 31st August, 2009. In the order of transfer passed in respect of the 3 person who is transferred in place of the petitioner reference to these orders of this Court shall be specifically made. The writ petition is disposed of accordingly. ( Deepak Gupta ) Judge. 10th July, 2009. (Surinder Singh) ™ Judge.