IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4759 of 2010. Date of decision: 18.11.2010 Dr.Arun Kumar Tenglikar …. Petitioner Versus State of H.P.& anrs. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: Mr.Rakesh Jaswal, Advocate. For the respondents: Shri Rajesh Mandhotra, Dy.Advocate General, for respondent No.1. _____________________________________________________ Deepak Gupta, J.(Oral) This petition is directed against the order dated 6.8.2010 whereby the petitioner has been transferred from Zonal Hospital, Dharamshala, District Kangra to Civil Hospital, Rohru, District Shimla. 2. The petitioner was recruited as General Duty Doctor Grade-II (GDO-II) in the year 1980 and was posted in the tribal area of District Kinnaur at its headquarter at Kapla. He served there for five years and was then transferred to Una. The petitioner during the year 1990-92 did his Post Graduation. In the year 1994, he was 2 transferred and posted at Zonal Hospital, Dharmshala and in the year 2000, he was transferred and posted to District Hospital, Chamba. In the year 2003, the petitioner was transferred to Community Health Centre, Harlogi in District Una and in the year 2005, he was posted at Zonal Hospital, Mandi. Thereafter, in the year 2009, the petitioner was transferred and posted as Medical Specialist at Zonal Hospital, Dharamshala and within a year, he has been again transferred to Civil Hospital, Rohru. 3. The stand of the State is that the petitioner being a Government employee and transfer being an administrative necessity, he can be posted at any station. There can be no quarrel with this preposition of law. However, an employee has a right to be treated with other counterparts in the Department. The other stand of the State is that the petitioner used forged documents and the Vigilance Department has found that the petitioner has forged his post graduation certificate. If that be true, the Department can take appropriate disciplinary action but this by itself is not a ground to transfer the petitioner. According to the respondent-State, there are a number of posts of doctors lying vacant in Rohru and at present, there is no medical specialist at Rohru. The Department has 3 however, failed to show how many doctors are working in Dharmashala or other stations who have put more than three years of service at their respective stations and have not been posted to Rohru and why the petitioner has been picked up for being transferred to Rohru. Since the petitioner has not completed the normal tenure of three years at Zonal Hospital, Dharamshala and is due to retire on 30.4.2012 and also keeping in view the fact that the petitioner during his service has served not only in the tribal area but in almost all the corners of Himachal Pradesh, I feel, it is a fit case where the transfer order of the petitioner should be quashed and he be retained at Dharamshala. In case, there is a vacant post of medical specialist at Civil Hospital, Rohru, the State is free to make appropriate arrangement to post any other person to the said post. In view of the above discussion, the transfer order dated 6.8.2010 is quashed and the petition is allowed in the aforesaid terms. No order as to costs. November 18, 2010 (Deepak Gupta) (m) Judge