IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4876 of 2010. Date of decision: 28.12.2010 Balbir Singh …. Petitioner Versus Principal Secretary (FCS&CA) & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: Mr.B.S.Ranjan, Advocate. For the respondents: Shri Ramesh Thakur, Dy.AG for respondents No.1 to 3. _____________________________________________________ Deepak Gupta, J.(Oral) This petition is directed against the orders, Annexures P/1 and P/2 whereby the petitioner who is working as Assistant Collector (Weights and Measures) has been transferred from Mandi to Shimla. One of the main grievances of the petitioner is that in the transfer order, it is mentioned that the petitioner has been transferred without TTA which indicates that the transfer has been made at his request. The petitioner submits that he has not made any request for his transfer. 2 Reply has been filed by the State and in the reply, it is stated that there are two sanctioned posts of Assistant Collector (Weights and Measures) at Shimla and both the posts are lying vacant. Therefore, it is necessary to fill up at least one of the posts. This is a valid administrative ground. It is for the State to decide whether ‘A’ employee or ‘B’ employee has to come against a post and the State has decided to post the petitioner at Shimla. It is true that the petitioner is near his retirement but the guideline that a person at the fag end of his career should not be transferred is only in the nature of a guideline and not a statutory direction. The situation like the present one where there are few posts lying vacant in the Department then transfer may take place of such person who is at the fag end of the career also. Therefore, I find no merit in the petition which is accordingly dismissed. However, the State is directed to pay TTA to the petitioner since the transfer was not on his request. No order as to costs. December 28, 2010 (Deepak Gupta) (m) Judge