IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4071 of 2011. Decided on: 3.6.2011. ----------------------------------------------------------------------------------------- Kesar Singh Khamta … Petitioner. Versus State of H.P. and others. … Respondents. ---------------------------------------------------------------------------------------- Coram Hon’ble Mr. Justice Kurian Joseph, Chief Justice Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Mr. Jeevesh Sharma, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy. AG. for respondents No. 1 & 2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petition is filed with the following prayers:- (a) To set aside and quash the impugned transfer orders, dated 1.6.2011 as contained at Annexure P- 2 supra whereby the petitioner has been ordered to be transferred from present place of posting i.e. office of District Treasury, Solan to the office of Sub Treasury, Nankhari, District Shimla. (b) To direct the respondents to consider the case of the petitioner for transfer to the place of choice as mentioned in para supra, in accordance with the transfer policy, instructions and guidelines issued by the State Government of H.P. from time to time and the respondents may be restrained from relieving the petitioner from his present place of posting i.e. office of District Treasury, Solan.” 2. It is seen that the petitioner was working at Solan only for the last 11 months. Still further it is seen that the petitioner has left only seven months to retire from service. Petitioner has severe health problems as can be seen from Annexure P-3. As per policy, an employee is to be 2 given the place of choice subject to the availability of vacancy within two years of retirement. According to the petitioner, he can be accommodated at District Treasury, Solan, Sub Treasury, Kasauli and Sub Treasury, Rajgarh. Petitioner submits that he may be permitted to file an appropriate representation. In the event of petitioner filing representation before the 2nd respondent, the same shall be considered by the said respondent adverting to the submissions made therein and appropriate action in accordance with law be taken within another one week. Relieving of the petitioner from Solan and his joining at Nankhari will be subject to the order thus passed by the 2nd respondent. It is made clear that in case any substitute order for arrangement at Nankhari can be made, the petitioner may not be compelled to join the said station till representation, as above, is decided and it will be open to the petitioner to avail leave of the kind due. 2. The Writ Petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. ( Justice V.K. Sharma), Judge. June 3, 2011. (cr/virender)