IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7398 of 2010 Decided on: 17.3.2011 Praveen Kumar Vimal ..…Petitioner. Versus State of Himachal Pradesh and another …… Respondent. Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Ms. Ranjana Parmar, Advocate. For respondents : Mr. Anil Jaswal, Dy. Advocate General, for the respondents. V.K. Sharma, Judge (Oral) The petition has been filed on the following prayer: “That the impugned Annexure P-3 may kindly be quashed and set aside.” 2. In reply, respondent No. 1 has taken the following stand vide paras 1 to 3 of the preliminary submissions: “1. That it is respectfully submitted that Dr. Praveen Kumar, Achraya vyakaran has been transferred from Govt. Sanskrit College, Sunder Nagar, District Mandi, H.P. in Govt. Sanskrit College, Kiartu, District Shimla, H.P.. after getting approval of the competent authority. It is also submitted that there is only one sanctioned post of each subject i.e. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 acharya Vyakaran and Achraya Darshan in 5-Sanskrit Colleges. At present Sh. Leela dhar is only achraya in this subject of darshan, four are lying vacant, whereas in Acharya Vayakaran all the five posts are filled up. 2. It is further submitted that the transfer orders have been issued keeping in view the fact that there were two lecturer of Acharya vyakaran in Govt. Sanskrit College, Sunder Nagar and one had become surplus. The petitioner is working at Sundernagar for the last 10 years. Moreover there are large number of vacancies in various subjects except in the subject of Acharya Vyakaran, which is the subject of the petitioner also. The transfer/posting are being done through internalization amongst the existing staff in the interest of the students so that the study of the student may not suffer. 3. It is also submitted that the transfer policy of the Government envisages that no Government employee can claim his transfer or posting as a matter of right. It is the prerogative of the State Government to post/transfer any employee anywhere in the State keeping in view the administrative convenience. The transfer policy of the Government is in the nature of executive instructions and does not confer any enforceable rights upon the claimant. Even otherwise it has been held under the 3 jurisprudence that transfer in the public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orders illegal or an appropriate forum to decide the transfer of officer/official on administrative grounds unless malafide is proved. An order of transfer is an incident of Government Service. FR-2 say that whole time Government servant is at the disposal of the Government which pays them and he may be employed in any manner required by the proper authority. Thus the present petition is devoid of merit and deserves to be dismissed in the interest of justice.” 3. The following averments have been set up on behalf of respondent No. 2 vide paras 2 to 4 of the reply: “2. That there are five sanctioned posts of Acharya (Darshan) one in each of the aforesaid five colleges. The replying respondent is the only Achraya in Darshan, and other four posts are lying vacant. The replying respondent was posted at Kiartu against the post of Achraya (Darshan) on his transfer from Sundernagar, where he joined on 21.12.2004. 3. That after a stay of almost six years, he was transferred to Sundernagar, where vacancy in the post of Achraya (Darshan) existed. The replying respondent was relieved from Kiartu on 20.11.2010 (A.N) Annexure R-2/1. He submitted his joining 4 report at Sundernagar on 22.11.2010(FN) (Annexure R-2/2). 4. That the five sanctioned posts of Acharya (Vyakaran) (one each in five Sanskrit Colleges), all the posts are filled up. Against one sanctioned post of Acharya (Vyakaran), three Acharayas(Vyakaran) are working at Sundernagar. They are:- (i) Sh. Paras Ram Chandel (15 years) (ii) Sh. Praveen Kumar Vimal-petitioner (10 years) (iii) smt. Sonam Dolma (about 10 years.)” 4. In the facts and circumstances of the case, the petition is disposed of with the direction that subject to the petitioner making a representation along with copy of this judgment to respondent No.1 within a fortnight from today, the same shall be considered and decided by the said respondent in accordance with law within one month thereafter, after affording an opportunity of being heard to the petitioner, if so, desired. 5. The petition, as also pending CMP(s), if any, stand disposed of. (V.K. Sharma) Judge. 17th March, 2011 (priti)