IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPs No. 1254, 1573 & 1574 of 2008 Date of Decision: September 8, 2008. (i) CWP No. 1254 of 2008 Tara Chand …..Petitioner. Versus State of Himachal Pradesh and others ……Respondents. (ii) CWP (T) No.1573 of 2008 Yadav Nandan …….Petitioner. Versus State of Himachal Pradesh and others ……..Respondents. (iii) CWP(T) No. 1574 of 2008 Virender Kumar ……Petitioner. Versus State of Himachal Pradesh and others ……Respondents. Coram The Hon’ble Mr. Justice Jagdish Bhalla, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? For the Petitioner: Mr.G.R.Palsara, Advocate in CWP No.1254 of 2008, Ms. Salochana Kondal, Advocate in CWP(T) No.1573 of 2008 & Mr. Tarlok Chauhan, Advocate in CWP(T) No. 1574 of 2008. For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma, Dy. Advocate General, for respondents in CWP No.1254 of 2008, for respondents No. 1 to 3 in CWP(T) No. 1573 of 2008, for respondents No. 1 to 4 in CWP (T) No. 1574 of 2008, Mr. Tarlok Chauhan, Advocate for respondent No.4 in CWP(T) No.1573 of 2008, Ms. Salochana Kondal, Advocate for respondent No.5 in CWP(T) No.1574 of 2008 There is a triangle of three Petitions in light of their transfer orders. The first aggrieved person, Yadav Nandan was transferred from 2 Mandi to Udaypur filed Original Application before the erstwhile HP State Administrative Tribunal which is now converted into Civil Writ Petition (T) No. 1573 of 2008 in light of H.P. Ordinance No. 2 of 2008. According to the learned counsel for the petitioner in the said Writ Petition, petitioner has been transferred only to accommodate one Virender Kumar and the erstwhile Tribunal granted interim order of status quo in favour of Yadav Nandan. In consequence to the same, Virender Kumar was sent to Udaypur in Lauhal & Spiti District. Aggrieved by the said order, Virender Kumar also filed an Original Application No. 2309 of 2008 before the erstwhile Tribunal which has been now registered as Civil Writ Petition (T) No. 1574 of 2008. Ad interim order was passed in favour of Virender Kumar by the erstwhile Tribunal. In light of these two interim orders, one Tara Chand became the scapegoat for the reason that he cannot be relieved on his transfer from an hard area i.e. Udaypur to Mandi till his replacement joins and relieves him. Therefore, he was forced to approach this Court by filing Civil Writ Petition No. 1254 of 2008. All the three Petitions have been clubbed together and after hearing are being decided together. Engineer-in-Chief , HP PWD is present in this matter and he informs that Yadav Nandan and Virender Kumar both have worked for ten years at Mandi and they are overdue for transfer. It has also been urged on behalf of Yadav nandan that he had served in hard area as daily wager for about ten years and again he is being transferred to hard area. The learned Advocate General informs that now Yadav Nandan is being transferred as a regular employee to the hard area. However, the State could not give any satisfactory reply why Virender Kumar has been adjusted at Mandi inspite of the fact that he has served at Mandi for about ten years and has not been sent to hard area or 3 to any other place. Normally this Court does not interfere when the State on humanitarian ground adjust its employee at any particular station. However, there is nothing before us in support of Virender Kumar who has already completed ten years at Mandi. The Hon’ble Supreme Court in various pronouncements has directed the High Courts only to interfere in order of transfer if there is violation of law or strong case of malafide. In the case of Yadav Nandan, we do not find any ground except that Yadav Nandan had served for about ten years as daily wager in the hard area. As far as Virender Kumar petitioner is concerned, it was consequential Petition before the erstwhile Tribunal and we do not find any foundation in the said Petition of any violation of law or strong case of malafide. Accordingly, both the Petitions fail. However, in light of the above discussion, it would be open for the State to consider or reconsider the matter of the two within a week and issue necessary instructions/ orders and the reliever be sent immediately thereafter at Udaypur so as Tara Chand can be relieved to join at Mandi. With the above observations, all these three Petitions stand disposed of. All interim orders earlier issued are discharged. ( Jagdish Bhalla ), C.J. September 8, 2008 ( Kuldip Singh ), J. (rks)