IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.: 1222 of 2009 Date of decision: 24.4.2009 Dr. Nirdosh Kumar … Petitioner. Versus State of H.P and others. …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. The Hon’ble Mr. Justice V.K.Ahuja, J. Whether approved for reporting?1 No. For the petitioner: Mr. Bhupinder Singh Thakur, Advocate. For the respondents: Mr. Ram Murti Bisht, Deputy Advocate General. Per Deepak Gupta, J. (Oral) The petitioner by means of this petition has challenged the order Annexure P-5, whereby he had been transferred from CHC Ghumarwin to Referral Hospital, Chamba, against a vacant post. The petitioner is working as a doctor and his grievance is that he has been transferred after a short stay of seven days. According to the petitioner, he was transferred to Ghumarwin on 6th April, 2009. He joined there on 9th April, 2009 and within seven days he was transferred. It is also alleged that this transfer has been made during the period when the model code of conduct is in operation due to the ensuing elections to the Parliament and therefore the same is illegal. 1 Whether the reporters of the local papers may be allowed to see the Judgment? yes 2 We have heard learned counsel for the parties and find no merit whatsoever in the submissions made on behalf of the petitioner. The respondents have filed reply which show that the petitioner joined service in the year 1997 and remained at PHC Gagret for four years upto 20th December, 2001. He was thereafter posted at CHC Shatalai and then transferred to Civil Hospital Sarkaghat but from 23.7.2003 to 27.5.2008 he was posted at CHC Ghumarwin i.e. he spent almost five years at Ghumarwin. He was then posted to Chamba but he never joined there and he made a representation and managed to get his transfer cancelled and he was then transferred to Jhandutta, which is very close to Ghumarwin. Even after his request was accepted he was not satisfied and apparently made a request that he be retransferred to Ghumarwin and he managed to obtain orders of transfer, whereby he was transferred to Ghumarwin on 6th April, 2009. Probably, the Government then realized that he had already spent five years at Ghumarwin and this order was changed and by the impugned order he has been sent to the Referral Hospital, Chamba. The petitioner having spent more than five years at Ghumarwin and having spent another year at Jhandutta, which is very close to Ghumarwin cannot claim as a matter of right that he should remain posted at Ghumarwin. Transfer is an incidence of service. The petitioner belongs to a State Cadre and the record reveals that the petitioner has managed to stay in and around Ghumarwin for a long period of his service. There is no reason to interfere with this transfer. Second ground raised that the transfer is in violation of the model code of conduct is absolutely without force. The petitioner who managed to get himself transferred on his own request during the operation of the 3 model code of conduct cannot now complain when this transfer is cancelled and he is transferred to some other place. Furthermore, there is nothing to show that the petitioner has been burdened with any election duties and therefore, the model code of conduct is not applicable in his case. The petition being without any merit is rejected. ( Deepak Gupta ), J. April 24, 2009, ( V.K Ahuja ), J. ™