IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4800/2011 Reserved on: 4.7.2011 Decided on:14.7. 2011 _____________________________________________ Lekh Ram. …Petitioner. Versus State of H.P. and others. …Respondents. ______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes For the petitioner : Mr. Rakesh Kumar Dogra, Advocate. For the Respondents:Mr. Vikas Rathore, Dy. A.G. with Mr. R.P. Singh, Asstt. A.G. for respondents No.1 & 2. Mr. K.B. Khajuria, Advocate for respondent No.3. ___________________________________________________ Justice Rajiv Sharma, Judge. Petitioner was transferred from Government Senior Secondary School, Delath, District Shimla to Government Senior Secondary, Nakhlehra on 23.8.2007. He was transferred from Government Senior Secondary School, Nakhlehra, District Bilaspur to Government Senior Secondary School, Shiwan, District Shimla on 25.5.2011. Petitioner assailed this transfer order by way of CWP 1 Whether reporters of the local papers may be allowed to see the judgment? Yes 2 No.4049/2011. Case of the petitioner was that since he has less than two years to retire, he should have been posted at the station of his choice. CWP No. 4049/2011 was disposed of by this Court on 2.6.2011 permitting the petitioner to make a representation to the first respondent, i.e. Principal Secretary (Higher Education). He made a detailed representation on 9.6.2011. He has given 5 stations of his choice, namely, Government Senior Secondary School, Dadhol, District Bilaspur, Government Senior Secondary School, Berthin, Government Senior Secondary School, Kapahra, Government Secondary School, Ghumarwin and Government Senior Secondary School, Domehar. The representation made by the petitioner was rejected by respondent No.1 on 20.6.2011 by holding that no post of Principal was lying vacant in any of the five stations of the choice of the petitioner. It was mentioned in the order that one Smt. Maya Devi, who was transferred on 26.5.2011 initially to Government Senior Secondary School, Mehridhar (Mandi) was permitted to join her duties in Government Senior Secondary School, Nakhlehra. 2. Mr. Rakesh Kumar Dogra has strenuously argued that since the petitioner has less than 2 years to retire, as per professed norms, he was required to be 3 given posting at any one of the five stations of his choice. In other words, his submission is that representation made by the petitioner, pursuant to intervention of this Court, has been wrongly decided by respondent No.1 on 20.6.2011. 3. Mr. Vikas Rathore has supported the order dated 2.6.2011 passed by the Principal Secretary (Higher Education). 4. Mr. K. B. Khajuria appearing on behalf of respondent No.3 has brought o the notice of the Court that his client has been adjusted in Government Senior Secondary School, Nakhlehra on the basis of representation made by her. According to him, his client’s husband is suffering from cancer and is under treatment. 5. I have heard the learned counsel for the parties and have perused the pleadings carefully. 6. It is not in dispute that petitioner now has less than 2 years to retire from Government service. According to the professed norms/guidelines framed by the respondent-State, the incumbent is to be given station of his choice out of 5 stations indicated by him. The underline objective for giving station of his choice is that the person would like to settle at the station of his choice after rendering 25-30 years of service. However, 4 in this case, this underline principle has been violated by not posting the petitioner at one of the five stations mentioned in his representation Annexure P-4 dated 9.6.2011 or nearby place. Petitioner belongs to District Bilaspur. He could easily be adjusted in any nearby District, i.e. Mandi or Hamirpur. Case of the respondent No.3 is also genuine since her husband is suffering from cancer and is under treatment. In these circumstances, she has been adjusted/posted in Government Senior Secondary School, Nakhlehra, District Bilaspur where the petitioner was working. The Principal Secretary (Higher Education) while deciding the representation of the petitioner should have explored the possibilities to adjust/post the petitioner in any of the Government Senior Secondary School in the vicinity where the incumbent has already completed more than 3 years. This exercise definitely has not been undertaken by the Principal Secretary (Higher Education) while rejecting the representation of the petitioner. Petitioner has no vested right to seek his posting at a particular place, but the respondents themselves have violated the policy to give concession to an employee, who is at the verge of retirement, of posting/adjusting at one of the five stations of his/her choice. 5 7. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure P-2 dated 20.6.2011 is quashed and set aside. Respondents No.1 and 2 are directed to post the petitioner in any of the Government Senior Secondary Schools in the vicinity where the petitioner was earlier posted by shifting/transferring the incumbent, who has already completed 3 years of service as Principal in Government Senior Secondary School or is at the verge of completion of 3 years. Respondent No.3 shall not be shifted from the present place of posting since her husband is suffering from cancer. Needful be done within a period of 3 weeks after the production of certified copy of this judgment by the petitioner. No costs. (Justice Rajiv Sharma), Judge. 14.7.2011 *awasthi*