IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5745 of 2010. Decided on 21.3.2011 Joginder Singh Chauhan ..…Petitioner. Versus State of Himachal Pradesh. …. Respondent. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. P.P. Chauhan, Advocate. For the respondent : Mr. Anil Jaswal, Deputy Advocate General. V.K. Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 11 (a) and (b) : “ (a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 6.9.2010 being Annexure P-1 of the writ petition, as unconstitutional and illegal and contrary to the law. (b) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent to allow the petitioner to complete normal tenure of 3 to 5 years at present place of posting.” 2. In reply, the respondent has taken the following stand vide para 1 of the preliminary submissions : 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 “That it is respectfully submitted that the post of Lecturer (History) was vacant at Govt. College Kukumsen, District Lahul and Spiti since December, 2008 and study of students were suffering. There was also shortage of staff at Govt. College Kukumseri. The petitioner was transferred from Govt. College Hamirpur to Govt. College Kukumseri, District Lahul & Spiti vide notification No. EDN-A (B)-6- 4/2010 dated 6.9.2010 on administrative grounds with TTA/JT. The previous postings of the petitioner are as under :- Sr. No. Name of the Institution From To 1. Government College Nadaun 16.12.1995 22.2.1999 2. Government College, Hamirpur 23.2.1999 12.6.2008 3. Government College, Una 12.6.2008 13.1.2010 4. Government College, Hamipur 13.1.2010 Continue. The above mentioned table shows that the petitioner during his service career mostly remained in his home District Hamirpur that also at the stations of his choice. The transfer policy of the Government envisages that no Government employee can claim his transfer or posting as a matter of right. It will be the prerogative 3 of the State Government to post/transfer any employee anywhere in the State keeping in view the administrative convenience. The petitioner has not served as lecturer in tribal area which is compulsory for further promotion as Principal as per provisions of R & P Rules.” 3. In view of the above reply, the petition is disposed of with the direction to the respondent that subject to the petitioner making a representation along with a copy of this judgment within one month from today, the same shall be considered and decided by the said respondent within another month in accordance with law, after affording an opportunity of being heard to the petitioner, if so, desired. Interim order dated 15.9.2010 shall continue till final disposal of the representation. 4. The petition stands disposed of, so also pending CMP (s), if any. (V.K. Sharma) Judge 21st March, 2011. cs