HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6032 of 2011 Date of Decision: September 20, 2011 Nand Lal Kashyap ……. Petitioner Versus H. P. Marketing Committee. …….. Respondent. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Dhruv Shaunak, Advocate. For the respondent : Mr. Ajit Saklani, Advocate Sanjay Karol, J. (oral) Petitioner has prayed mainly for the following relief:- “i) Issue a Writ of certiorari or direction in nature thereof, quashing the impugned order dated 23.07.2011 i.e Annexure P-5 of the writ petitioner as unconstitutional and illegal and contrary to the law. ii) Issue a writ of mandamus directing the Respondent Corporation to allow the petitioner to complete his tenure at the present place of posting till his retirement.” 2. In terms of impugned order dated 23.7.2011 (Annexure P-5), petitioner is shifted from the office of the Assistant Marketing Officer, HPMC, Regional Office, Rampur to HPMC, Branch Office, Jarol-Tikkar. On 29.7.2011, operation of this order was stayed. Respondents have clarified that petitioner was not transferred but adjusted at Jarol-Tikkar. In the nature of the order which we propose to pass, we do not intend to go into the merits of the rival contentions. 2 3. It is not in dispute that petitioner is to retire within a period of three weeks from today. It is not the case of the respondents that petitioner’s posting at Rampur is otherwise nor desirable or that some disciplinary proceedings are pending against him warranting his immediate shifting of the petitioner in public interest or for administrative exigencies. In the given facts, shifting of an employee for a short period and that too immediately prior to his retirement, would not be in interest of either of the parties. As such, it is directed that petitioner shall be allowed to complete his remaining tenure of service at Rampur itself instead of Jarol- Tikkar. 4. With the aforesaid observations, petition stands disposed of, so also the pending application, if any. (Justice Kurian Joseph), Chief Justice. ( Justice Sanjay Karol ), Judge. September 20, 2011 (rana)