IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 3793 of 2010 Date of Decision: 24th August, 2010 __________________________________________________________ Sh. Kulwant Singh. ….Petitioner. Versus State of H.P. & others. ….Respondents. ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 No. __________________________________________________________ For the Petitioner: Mr. Rakesh Kumar Dogra, Advocate. For respondents: Ms. Ruma Kaushik, Additional Advocate General, with Mr. Ramesh Thakur, Assistant Advocate General. _________________________________________________________ Dev Darshan Sud, J (oral). The petitioner is aggrieved by his transfer order Annexure P- 1, transferring him from Somanachani in Mandi to Doffada (Shimla). The petitioner approached this Court on the allegations that there has been a constant pattern of his transfer from one place to other without completion of the normal tenure of three years, which is usually adopted by the State. The places of posting of the petitioner from 25.6.1996 to 26.10.2009 have been detailed by the respondents in their reply. Bare perusal of the table shows that except of two 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes 2 places, the petitioner has not served for the normal tenure and at some of places less then one year. 2. Learned Assistant Advocate General submits that this court has no jurisdiction to entertain the petition dealing with transfer of employees, as all transfers are carried out in the public interest. 3. This proposition of law is very well established. From the facts and circumstances of the case, it is clear that the petitioner has been shifted from place to place, even before his completion of one year tenure. I do not find that the principle of law as urged by the State would be applicable in the facts and circumstances of this case. This petition is accordingly allowed. Annexure P-1 is quashed and set aside. This Writ Petition will be treated as representation by the Secretary (Education) to the Government of Himachal Pradesh, who shall give the petitioner a chance of personal hearing, if so desired, and then pass an appropriate order in accordance with law. Petition disposed of. No order as to costs. August 24, 2010 (Dev Darshan Sud), (KRS) Judge