HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.7749 of 2011 Date of Decision: September 20, 2011 Dhani Ram ……. Petitioner Versus State of H. P. & Ors. …….. Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Onkar Jairath, Advocate. For the respondents/ : Mr. R. K. Bawa, A.G. with State Mr. Ankush Dass Sood, Addl.A.G. and Mr. J. K. Verma, Dy. A.G. Sanjay Karol, J. (oral) Petitioner has prayed mainly for the following reliefs:- “I. To issue the Writ in the nature of Certiorari quashing the impugned Office order dated 16.5.2011 contained in Annexure P-2 whereby the petitioner has been transferred from Government Senior Secondary School Talmehra to Government Middle School Bhaloun and order dated 29.8.2011 contained in Annexure P-4 whereby the representation of the petitioner has been rejected by the Respondent No.2. II. To issue the Writ in the nature of Mandamus directing the respondents to allow the petitioner to work at the present place of posting i.e. Government Senior Secondary School Talmehra, District Bilasapur.” 2. Vide transfer order (Annexure P-2), petitioner was transferred from GSSS, Talmehra to GMS, Bhaloun. Aggrieved thereof, petitioner 2 approached this Court by way of CWP No. 3689 of 2011 which was disposed of in terms of judgment dated 24.5.2011. Petitioner was directed to approach the respondents by way of representation, which in terms of the impugned order dated 29.8.2011 (Annexure P-4), stands rejected. Resultantly petitioner is required to join at GMS, Bhaloun. 3. The observations made by respondent No.2 while dismissing the petitioner’s representation read as under: “3. As per records the transfer orders of Shri Onkar Dass, Shastri were issued vide this Directorate letter No. EDN- ELE(III)B(6)-2/2010-Una-GT 3rd dated 29.4.2011 with the prior approval of the competent authority from GMS, Bhaloun u/c GSSS, Chowki Maniyar to GMS, Talmehra vice Sh. Dhani Ram, Shastri and vice versa during general transfers and the same orders have been implemented by the Deputy Director of Elementary Education Una on 16.5.2011 and Sh. Onkar Dass, Shastri had joined at GSSS, Talmehra on 21.5.2011. 4. The record shows that the petitioner is 45% disabled person and he has been serving at GSSS, Talmera w.e.f. 19.7.2001 and has thus completed more than 10 years at the present place of posting. Una Distt. of H.P. adjoins Punjab and is more or less a plain area and there are little road communication problems. As per the assertion of respondent No.5 the new place of posting is nearer from the native place of the petitioner as GSSS, Talmera is about 25 KM where as GMS, Bhalon is just 11 KM and the petitioner drives his own car to the school. These assertions were not countered by the petitioner. The transfer policy of the state applicable to teachers w.e.f. 8.12.2010 extends concession for posting in road side station to teachers having more than 70% disability only that too is subject to availability of vacancy. Una Distt. is a plain area and the new station given to the petitioner is on road side. The petitioner has 3 already completed more than 10 years at one place only. Hon’ble High Court of H.P. has held on 7.9.2010 in CWP No. 3138 of 2010 titled as Aikant Priya vs State of HP that “No Employee can have a vested right to stay in or around one place through out his/her career.” 4. Transfer and posting of an employee is the sole prerogative of the employer. Unless it is a proven/established case of malafides/arbitrariness, Courts are normally loath in interfering in a case of transfer. Absence of the same in the instant case, we do not see any reason to interfere with the impugned order of transfer. As such, petitioner is directed to immediately join at his place of posting. 5. However, it is brought to our notice that one post is likely to fall vacant at GSSS, Bangana w.e.f. 1.4.2012. We are hopeful that while filing- up the said post, authorities shall consider the petitioner’s hardship and take a decision with regard to his posting there. The same shall be done in accordance with law, justice and equity. 6. With the aforesaid observations, petition stands disposed of, so also the pending application, if any. (Justice Kurian Joseph), Chief Justice. ( Justice Sanjay Karol ), Judge. September 20, 2011 (rana)