IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 5049 of 2011 Date of Decision: 4th July, 2011 Jai Chand Petitioner Versus Director of Pry. Education & others Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. Whether approved for reporting1? No. For the appellant: Mr. Dalip K. Sharma, Advocate For the respondents:Mr.R.K.Bawa, Advocate General, with Mr.Ankush D. Sood, Addl. A.G. for the respondents. Sanjay Karol, J. (Oral) Petitioners have prayed for the following reliefs:- a) That a writ of Certiorari may be issued for quashing and set-asiding the impugned transfer Annexure P-1 order dated 11.5.2011 whereby the petitioner has been ordered to be transferred to A.H.C., Bhara Bhangal, District Kangra, H.P. from the present place of posting i.e. Rajiana Bandh, District Kangra, HP Annexure P-3 order dated 19.6.2011 in the interest of justice and fair play. b) That writ of mandamus may be issued directing the respondent to allow the Whether the reporters of Local Papers are allowed to see the Judgment? 2 petitioner to perform his duties at the present place of posting i.e. Rajiana Bandh Distt. Kangra, HP till the compilation of the normal tenure.” 2. The operative portion of the impugned order dated 17.6.2011 reads as under:- “The applicant filed a representation before me on 16.05.11 submitting therein that he has been transferred without completing the normal tenure of three years and he is going to be retire after one year and nine months i.e. on 31.03.2013. The said Shri Jai Chand has managed his posting throughout his service carrier in District Kangra that is too near his home place, Bara Bhangal also falls in District Kangra only. The applicant does not deserve concession of convenient posting in view the facts mentioned above. At present no Ayurvedic Medical Officer or Ayurvedic Pharmacist is posted at Bara Bhangal. Therefore the area requires medical care. Therefore, the representation is rejected.” 3. Undisputedly petitioner has completed his normal tenure at the place of his original posting i.e. AHC, Rajiana Bandh, District Kangra. He stands transferred to AHC Bhara Bhangal, District Kangra, HP. Petitioner has never worked in a hard area. Allegedly he has managed to remain near his home town. In any event, the place to which he now 3 transferred is also in his home District. No Ayurvedic Medical Officer or Ayurvedic Pharmacist is posted in Bhara Bhangal – a rural area, where the State is duty bound to provide medical facility. Consequently, we do not find any reason to interfere with the impugned order. The authorities have taken the decision after taking into account all the attending circumstances. Law with regard to transfer is now well settled. No illegality/perversity in passing the order of transfer could be pointed out from the record. 4. The writ petition is accordingly disposed of, so also the pending application, if any. (Justice Kurian Joseph) Chief Justice 4th July, 2011 (Justice Sanjay Karol) (C) Judge.