IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No. 813 of 2008. Date of decision: 23.7.2009 Dharam Dev …. Petitioner Versus State of H.P & ors. .... Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ? No For the petitioner: Mr.Dilip Kumar Sharma, Advocate. For the respondents: Sh.R.K.Bawa, Advocate General with Sh.R.M.Bisht, Dy.Advocate General. _____________________________________________________ Deepak Gupta, J.(Oral) By means of this writ petition, the petitioner who is working as peon in the IPH Department has challenged the order whereby he has been transferred from IPH Division, Reckong Peo to IPH Division, Kaza against a vacant post. The entire case set up by the petitioner is that according to the policy of the State Government since he has served in a tribal area, he should have been posted to a station of his choice. Normally such an argument would have been attractive. However, in the present 2 case, we find that the petitioner is a circle cadre employee and his circle is Kaza. We have repeatedly held in a number of cases that the circle cadre employees cannot be posted outside the circle. Therefore, the petitioner has to remain within Kaza Circle. We cannot loose sight of the fact that the petitioner is a tribal belonging to Reckong Peo and he has remained posted in Reckong Peo for almost 23 years by now. The petitioner has no vested right to remain posted at one station throughout his service. Therefore, we find no merit in the petition which is accordingly rejected. ( Deepak Gupta ) Judge July 23, 2009 (Surinder Singh) (m) Judge