IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3703 of 2010. Date of decision: 5.7.2010. Krishan Lal ….. Petitioner. Vs. State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. R.R.Rahi, Advocate, vice Mr. Ajay Dhiman, Advocate. For the Respondents : Mr. R.K.Sharma, Senior Addl. Advocate General, for respondents No. 1 & 2. Justice Kurian Joseph, C.J. (Oral) The petitioner has prayed for following relief in the writ petition:- “ (a) That the inaction on the part of the respondent for not transferring the petitioner from tribal area is wrong, illegal, arbitrary, unconstitutional, discriminatory and unjust and contrary to the service rules/ conditions and also in violation of the transfer policy of the State of H.P. (b) That the junior persons to the petitione4r has been transferred to the soft area as per their choice of station in pick and choose policy and the petitioner has not been transferred till date from tribal area and it is the petitioner who has been picked up for arbitrary treatment. 2. It is the contention of the petitioner that he is entitled for transfer having served in the tribal/ hard area. According to the petitioner he has been working in the tribal/ hard area around 21 years. The learned Senior Additional Advocate General points out that such a transfer can be permitted only against the permissible quota. But according to the - 2 - petitioner many of his juniors have been transferred. There will be direction to first respondent to examine the case of the petitioner and take appropriate action on Annexure P-2. The needful shall be done, adverting to the submissions which have been recorded above within a period of three weeks from the date of production of copy of this judgement alongwith a copy of writ petition by the petitioner before first respondent. Copy dasti. (Justice Kurian Joseph), Chief Justice. July 5, 2010 (Justice Kuldip Singh), (Hem) Judge.