IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. No.564 of 2009 Decided on: March 12,2009. N.K.Jain Petitioner Versus State of H.P.& others Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice V.K. Ahuja, J. Whether approved for reporting1? No. For the petitioners: Mr.Vishal Bindra, Advocate. For respondent: Mr.R.K.Bawa, Advocate General with Mr. J.K.Verma, Deputy Advocate General. Deepak Gupta,J (Oral). The petitioner by means of this writ petition has prayed that the order of his transfer whereby he has been transferred from Nahan to Rampur may be quashed. Admittedly, the transfer order in the present case has been issued pursuant to the directions issued by the Election Commission of India. These directions have been issued to ensure that the elections are free and Whether the reporters of Local Papers may be allowed to see the Judgment? Yes 2 fair. It has been directed that officers having special election duties (in which the category of Tehsildars have been specifically included), shall not be retained at their home station. The only exception is in the case of employees having less than six months to retire. In the present case, in the petition it was alleged that the petitioner had less than six months to retire. This fact was contested by the learned Advocate General on the last date. The learned counsel for the petitioner admitted that the petitioner has nine months to retire. In view of the clear cut directions of the Election Commission of India, the petitioner who was posted as Tehsildar in his home district, cannot be permitted to continue there. Therefore, the petition is rejected. CMP No.1015 of 2009 In view of the disposal of the main petition, this application is also dismissed. (Deepak Gupta),J. 12th March, 2009 (V.K.Ahuja) (sds)