IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No. 3551 of 2010 Decided on 12.7.2010 Akshay Dhawan ….Petitioner Versus State of HP & Ors. …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : None. For Respondents : Mr. R.K. Sharma, Sr. Additional Advocate General. Justice Kurian Joseph, C.J. (Oral) Writ petition has been filed with the following prayer: (A) That this writ petition may kindly be allowed and writ in the nature of certiorari may be issued and the impugned condition imposed in the transfer order dated 21.5.2010 (Annexure P-1) regarding the relieving of the petitioner after the joining of the substitute may be quashed and set aside. 2. In Para 5( A to E) of the reply, it is stated as follows:- “That in reply to this para it is respectfully submitted that as per Office Memorandum dated 10.4.2008 of Department of Personnel “regarding Guiding Principles for effecting transfers of State Government employees” wherein at Sr. No.8 clarified that Summerkot area of Shimla District does not fall under tribal/difficult area of the State. A copy of the Office Memorandum dated 10.4.2008 annexed as Annexure R-1. It is further submitted that the petitioner 2 has not completed 5 years normal tenure being contract appointee at present place of posting. Despite that on the request of the petitioner he has been transferred to Veterinary Hospital, Nerchowk District Mandi as per Annexure P-1 annexed with CWP with the condition that he will be relieved from Sammer Kot after providing his substitute. The condition of the substitute has been imposed with the view that the work at Veterinary Hospital Summer Kot may not suffer and livestock owners of the area may not be badly affected. The process of filling up of 68 posts of Veterinary Officers is going on. As and when new incumbents will be available from Himachal Pradesh Public Service Commission a substitute of the petitioner will be provided at the earliest.” 3. The writ petition is disposed of making it clear that while posting the new Veterinary Officer, priority shall be given to the place where the petitioner is to be relieved. ( Kurian Joseph), Chief Justice July 12, 2010 ( Kuldip Singh ), (sks/grs) Judge