IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 4344 of 2011. Decided on: 15th July, 2011. _____________________________________________________ Shanta Devi. …Petitioner. -Versus- State of H.P. and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Sanjeev Bhushan, Advocate. For respondents No. 1 and 2. : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. For respondent No. 3. : Mr. Jagdish Thakur, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner was posted and joined her duties at Health Sub Centre, Lakhanpur on 30th September, 2009. She has been transferred from Health Sub Centre, Lakhanpur to Health Sub Centre, Malraun on 16th May, 2011. She was relieved on 7th June, 2011 and respondent No. 3 was relieved on 19th May, 2011. 2. Mr. Sanjeev Bhushan, learned counsel for the petitioner has strenuously argued that the transfer of his client has been effected to accommodate respondent No. 3, who was under transfer from Regional Hospital, Bilaspur to Health Sub Centre, Kot. He then contended that his client has worked at the present place of posting only for a period of about 18 months. 3. Mr. Vikas Rathore, learned Deputy Advocate General and Mr. Jagdish Thakur, learned counsel for respondent No. 3 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - have supported the transfer order dated 16th May, 2011. According to Mr. Vikas Rathore, learned Deputy Advocate General, the petitioner has remained posted within a radius of 15 to 23 kms. in and around Bilaspur. The contention of Mr. Jagdish Thakur, learned counsel for respondent No. 3 is that the petitioner has remained posted within a radius of 10 to 15 Kms. from Bilaspur. 4. I have heard the learned counsel for the parties and gone through the pleadings carefully. 5. Petitioner has only worked for a period of 18 months at Health Sub Centre, Lakhanpur, when she has been transferred to Health Sub Centre, Malraun. It is evident from Annexure P-1, dated 16th May, 2011 that the transfer of the petitioner has been effected to accommodate respondent No. 3, who was under transfer from Regional Hospital Bilaspur to Health Sub Centre, Kot. Thus, the transfer of the petitioner is not in normal administrative or public interest. The exercise has been undertaken to accommodate respondent No. 3 at the cost of petitioner without permitting her to complete the normal tenure of 3 to 5 years. There is no merit in the contention of Mr. Vikas Rathore, learned Deputy Advocate General and Mr. Jagdish Thakur, learned counsel that the petitioner has remained in and around Bilaspur during her whole tenure within a radius of 10 to 20 Kms.. This fact was within the knowledge of the respondent-State when the petitioner was posted at Health Sub Centre, Lakhanpur. Thus, the transfer of the petitioner is actuated with legal malafides and the power to transfer has been used arbitrarily to accommodate respondent - 3 - No. 3. An incumbent, who had already been permitted to join at a new place of posting, cannot be transferred, save and except on very very compelling reasons and, that too, in larger public interest and administrative exigency. It is the prerogative of the employer to transfer an employee in public interest or administrative exigency. However, the decision to transfer an employee, must be taken in a just and fair manner, after taking into consideration his stay at a particular place. The power to transfer is to be exercised judiciously and not arbitrarily. In the instant case, the power to transfer the petitioner has been exercised only to accommodate respondent No. 3. 6. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure P-1, dated 16.05.2011 is quashed and set aside. Respondents No. 1 and 2 are directed to permit the petitioner to discharge her duties at Health Sub Centre, Lakhanpur till the completion of her normal tenure. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma) Judge July 15, 2011. (bhupender) - 4 - `