IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2237 of 2011 and CWP No.3330 of 2011 Reserved on :20th June, 2011 Date of Decision: 28th June, 2011 CWP No.2237 of 2011 Ranjit Singh Petitioner Versus State of H.P. and others Respondents CWP No.3330 of 2011 Neelam Kumari Petitioner Versus State of H.P. and 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. CWP No.2237 of 2011 For the petitioner: Mr.Rakesh K.Dogra, Advocate. For the respondents: Mr. R.K.Bawa, Advocate General, with Mr.Ankush Dass Sood, Addl. A.G. and Mr. J.K.Verma, Dy. A.G. for respondents No.1 to 3. Mr.Ramakant Sharma, Advocate, for respondent No.4 CWP No.3330 of 2011 For the petitioner : Mr.Ramakant Sharma, Advocate For the respondents: Mr. R.K.Bawa, Advocate General, with Mr.Ankush Dass Sood, Addl. A.G. and Mr. J.K.Verma, Dy. A.G. for respondents No.1 to 3. Mr.Rakesh K.Dogra, Advocate, for respondent No.4 Sanjay Karol, J. Vide order dated 8.4.2011 Neelam Kumari, who was working as Homeopathic Health Compounder was Whether the reporters of Local Papers are allowed to see the Judgment? 2 transferred from Homeopathic Health Centre, Una to Homeopathic Health Centre, Hamirpur. She had completed her normal tenure of posting at Una. The transfer was vice Ranjit Singh, who was transferred from Hamirpur to Una. Since Ranjit Singh had not completed his normal tenure at Hamirpur and was otherwise aggrieved of the said order, approached this Court by way of CWP No.2237 of 2011 and on 13.4.2011 this Court passed the following order:- “CWP No.2237 of 2011 & CMP 2889 of 2011 Notice dasti to respondent No.4. In case, the petitioner has not been relieved as on today, further proceedings in that regard will be deferred, for the time being. Needless to say that without duly relieving the petitioner, respondent No.4 cannot be permitted to join duty. Post on 29.4.2011.” 2. However, without any information about the same, Neelam Kumari joined at Hamripur on 13.4.2011. But pursuant to the orders passed by this Court, vide order dated 11.5.2011 respondent No.2 cancelled the original order of transfer as a result of which Ranjit Singh was required to go back to Hamirpur and Neelam Kumari to Una. Aggrieved thereof, Neelam Kumari also filed CWP No.3330 of 2011. Hence both these petitions are heard together. 3 3. As on date it is not in dispute that Neelam Kumari is working at Una and Ranjit Singh is working at Hamirpur. 4. From the affidavit filed by the State a very disturbing feature has emerged on record. Since the time of their appointments, both Ranjit Singh and Neelam Kumari have never served any difficult/ tribal area. Neelam Kumari, who was appointed on 20.11.1996, was posted at Homeopathic Health Centre, Una where she remained posted till 1.7.1998 and transferred to Hamirpur upto 11.8.2007 but was again brought back to Una where she remained posted till 12.4.2011. On the other hand, Ranjit Singh joined service in the same cadre on 20.8.1994 with his first posting at HHC Gagal (District Chamba) where he remained till 22.3.1997. He was later on posted at Mandi, Bilaspur and Hamirpur. It appears both the petitioners have been managing to get posting of their choice throughout their service careers. 5. Undisputedly there is an acute shortage of staff in the tribal, hard and difficult areas of the State. This Court in CWP No. 1105 of 2006, titled as Sushila Sharma vs. State of H.P. and others, decided on 27.8.2007, held as under:- “It shall be ensured that all the employees are treated fairly and equally and every employee during his tenure of service serves in Tribunal/Difficult Areas. When 4 transfers are made, the Administrative Department shall ensure that the employees who have already served in Tribunal/Difficult Areas are not again sent to these Areas and there is a continuous process of change whereby all the employees have a chance to serve in Tribunal/ Difficult Areas and measures shall be taken to ensure that employees (obviously influential) who have managed to remain posted in the Urban Areas/Cities are posted to Rural/Remote Areas and Tribal/ Difficult Areas in the transfer season when the transfers are made.” 6. Transfer is an incident of service. Employee has got no right of being posted at a place of his choice. He has an obligation to serve the residents of the State and more so people residing in the tribal/hard/difficult areas. In the attending circumstances, it cannot be said that order of cancellation dated 11.5.2011 has been passed only to accommodate Ranjit Singh as has been so alleged by Neelam Kumari. We find that the impugned action of the State cannot be faulted for any reason whatsoever. There is neither any illegality nor any irregularity in the same. 7. Neelam Kumari has completed her normal tenure at Una. Ranjit Singh joined Hamirpur only on 16.1.2010 and has not completed his normal tenure. In the circumstances, there shall be a direction to both 5 respondents No. 1 and 2 to immediately post Neelam Kumari in hard/difficult/tribal area and after completion of normal tenure of Ranjit Singh at Hamirpur he shall also be posted in difficult/hard/ tribal area. 6. With the aforesaid observations, both the petitions are disposed of so also the pending applications. (Justice Kurian Joseph) Chief Justice June 28, 2011 (Justice Sanjay Karol) (C) Judge.