IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4098 of 2011-D Decided on: 13.12.2011. Jagdish s/o Shri Lala Ram R/o Village Bhuleen Post Officer Charata, Tehsil Churah, District Chamba, H.P. ..Petitioner Versus 1. State of Himachal Pradesh through Secretary (I & PH) to the Government of Himachal Pradesh, Shimla-2 2. Engineer-in-Chief, Irrigation and Public Health Department, Himachal Pradesh, U.S. Club, Shimla. 3. Assistant Engineer, Irrigation and Public Health Department, Sub Division Tissa, District Chamba, H.P. ..Respondents. Civil Writ Petition under Article 226 of the Constitution of India against the impugned transfer order dated 28.5.2011 (Annexure P-1) whereby the petitioner has been transferred from IPH Sub Division Tissa to IPH Sub Division Salooni with the prayer to quash and set aside the impugned order. _______________________________________________________________________ Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1. For the petitioner : Mr. Anup Rattan, Advocate. For the respondents : Mr.Vikas Rathore, Deputy Advocate General. _______________________________________________________________________ Rajiv Sharma, Judge (Oral) : Petitioner is aggrieved by the issuance of Annexure P-1, transfer order dated 28.5.2011, whereby he has been transferred from 1 Whether the reporters of the local papers may be allowed to see the judgment? -2- IPH Sub-Division, Tissa to IPH Sub Division, Salooni. According to the petitioner, the distance between the present place of posting and the place where he has been transferred is more than 80 kms. 2. Mr. Vikas Rathore, learned Deputy Advocate General submits that the petitioner, from the date of his engagement w.e.f. 1.1.1992, has been serving in the same division i.e. IPH, Sub Division, Tissa. He has further argued that the cadre of the petitioner is a divisional cadre and he is required to serve anywhere within the division. 3. I have heard learned counsel for the parties and gone through the record carefully. 4. It is not in dispute that the petitioner belongs to Class-IV category and is serving as a Mate in the IPH, Sub Division, Tissa since 1.1.1992. However, the fact of the matter is that he has been transferred to a distant place, which is about 80 Kms from his present place of posting, Tissa. The respondent-State has framed the guidelines whereby the Class- IV employees as far as possible, should be posted near his native village/home town. The petitioner belongs to IPH Sub Division, Tissa and as per the professed norms adopted by the respondent -State, the writ petitioner ought not to have been transferred to such a distant place i.e. Salooni. 5. Consequently, the present petition is allowed and Annexure P-1, dated 28.5.2011 is quashed and set aside. However, the -3- liberty is reserved to the respondent-Department to post the petitioner within the radius of 25 kms. in IPH Sub-Division, Tissa. 6. The pending application(s), if any shall also stand disposed of. (Rajiv Sharma), Judge. December 13, 2011 (kalpana)