IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.3297/2011 Decided on: 16.9.2011 _____________________________________________ Santosh Kumari. …Petitioner. Versus State of H.P. and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Bhuvnesh Sharma and Mr. Ramakant Sharma, Advocates. For the Respondents : Mr. Vikash Rathore, Dy. A.G. with Mr. R.P. Singh, Asstt. A.G. for respondents No. 1 to 3. None for respondents No.4 to 6. Mr. Ashok Sharma, Advocate for respondent No.7. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Petitioner is aggrieved by the issuance of Annexure P-4 dated 10.5.2011 whereby her transfer from Government Primary School, Matahni Block Hamirpur to Government Primary School Housing Board Colony Hamirpur has been cancelled. Petitioner was appointed as Vidya Upasak on 16.8.2000. She was appointed as Junior Basic Trained Teacher on 1.10.2007 in Government Primary School, Matahni. 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 She had been working continuously in Government Primary School, Matahni since 16.8.2000. She was transferred from Government Primary School, Matahni to Government Primary School, Housing Board Colony, Hamirpur on 3.5.2011. She joined her duties in Government Primary School, Housing Board Colony, Hamirpur on 3.5.2011. However, office order dated 3.5.2011 has been cancelled vide office order dated 10.5.2011. 2. Distance between Government Primary School, Matahni and Government Primary School, Housing Board Colony, Hamirpur is only five KMs. According to the reply filed by respondent No.3, petitioner was still working at Government Primary School, Housing Board Colony, Hamirpur though relieved by Head Teacher, Government Primary School, Housing Board Colony, Hamirpur on 11.5.2011. Respondent No.7 Satya Devi had been working in Government Primary School, Housing Board Colony, Hamirpur since 3.5.2008. 3. Mr. Ashok Sharma submits that his client is suffering from disc problem and cannot walk a distance of two KMs. 3 4. It is for the employer to decide where an employee is to be posted. However, power to transfer is coupled with the duty to act judiciously. Petitioner was transferred to a school, which is merely at a distance of five KMs from her earlier place of posting, i.e. Government Primary School, Matahni to Government Primary School, Housing Board Colony, Hamipur. It is evident that the earlier order dated 3.5.2011 has been cancelled on 10.5.2011 after taking into consideration the ailment of respondent No.7. The courts only interfere in transfer order or cancellation order, if these are arbitrary, unreasonable. There is no arbitrariness in the impugned order. 5. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the present petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs. (Justice Rajiv Sharma), Judge. 16.9.2011 *awasthi*