IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 5319 of 2011. Decided on : 19th December, 2011. _____________________________________________________ Ram Padam, S/o Shri Manta Ram, resident of Village and Post Office Nichar, Tehsil Nichar, District Kinnaur, H.P. …Petitioner. -Versus- 1. State of Himachal Pradesh through Principal Secretary, I & PH, to the Govt. of H.P. at Shimla. 2. Engineer-in-Chief, Himachal Pradesh Public Works Department, Shimla-2. 3. Superintending Engineer, I & PH Cricle Rekong Peo, District Kinnaur, H.P. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner : Mr. Ajay Mohan Goel, Advocate. For the respondents : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner is aggrieved by the issuance of order dated 10th June, 2011, whereby he has been transferred from I & PH Sub-Division, Nichar to I & PH Sub-Division, Pooh. The distance between I & PH Sub-Division, Nichar and the place where the petitioner has now been transferred, i.e., I & PH Sub-Division, Pooh is more than 120 kms. Petitioner belongs to Class-IV category. He also belongs to the lowest strata of the society. Respondent-State has framed the norms regulating the transfers of its employees. According to the professed norms followed by the 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - State, the lowly paid employee, including Class-IV employee, as far as possible, is permitted to serve near his/her native village/town. In the instant case, the petitioner has been transferred to a place which is at a distance of 120 kms. from the present place of posting of the petitioner. The power to transfer is coupled with the duty to ensure judiciousness. Consequently, the transfer of the petitioner from I & PH Sub-Division Nichar to I &PH Sub-Division Pooh is declared arbitrary. 2. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure P-1, dated 10.06.2011 is quashed and set aside. The respondents are directed to permit the petitioner to work either at I & PH Sub- Dvision Nichar or it shall be open to the respondent-State to transfer the petitioner within the radius of 25 kms. from Nichar in case there is public interest or administrative exigency. The pending application(s), if any, also stands disposed of. (Rajiv Sharma) Judge December 19, 2011. (bhupender) - 3 -