IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.682/2009 Decided on:16.4.2009 Dr. Vinod Kumar Kundi. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No. For the petitioner : Mr. Rajiv Jiwan, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Deputy Advocate General for respondents No. 1 and 2. Rajiv Sharma, J. The petitioner was appointed in Integrated Cattle Development Project, Ghanahatti from June, 1993 till the year 1996. He was transferred to Veterinary Hospital, Rishikesh where he served till November, 2006. In the year 2006, he was transferred as Veterinary Hospital/Incharge Mobile Veterinary Dispensary Bilaspur, District Bilaspur. He was transferred vide order dated 20.2.2009 to Polyclinic Chamba (CB) as Surgical Specialist. Respondent No.3, who was working at Veterinary Hospital Mehla (CB), District Chamba has been transferred to Veterinary Hospital Chandpur, District Bilaspur. 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 Mr. Rajiv Jiwan, Advocate has strenuously argued that the petitioner has been transferred to Chamba to accommodate respondent No.3. He also contended that the post of Veterinary Officer of the Mobile Vehicle Dispensary, Bilaspur stood shifted to newly upgraded Veterinary Hospital, Chandpur, District Bilaspur and his client should have been shifted to Veterinary Hospital, Chandpur, District Bilaspur instead of transferring him to Chamba. Mr. R.K. Sharma, learned Senior Additional advocate General has vehemently argued that the petitioner has been transferred to Polyclinic Chamba in larger public interest. He then contended that the petitioner has not been transferred to accommodate respondent No.3. I have heard the learned counsel for the parties and perused the record carefully. The petitioner as per the averments contained in the reply had remained posted within the vicinity of 22 KMs since 13.11.1996. He was posted in the Veterinary Hospital, Rishikesh, District Bilaspur with effect from 13.11.1996 to 19.11.2006 and at Mobile Veterinary Dispensary Bilaspur with effect from 20.11.2006 onwards. The distance between Bilaspur and Rishikesh is 3 Kms by boat and 22 KMs by road. It is not in dispute that the post the petitioner is holding is Class-I gazetted. He is post-graduate in surgery. The Mobile Vehicle Dispensary, Bilaspur has been closed and consequently, the post of Veterinary Officer has been transferred to newly upgraded Veterinary Hospital, Chandpur, District Bilaspur. He remained posted within the radius of 22 KMs. The petitioner had not filed any rejoinder to the reply filed by respondents No.1 and 2. He had no legal right to be sent to the newly upgraded Veterinary Hospital, Chandpur, District Bilaspur after the closing of Mobile Dispensary, Bilaspur. 3 Mr. Rajiv Jiwan has also argued that the petitioner has been transferred vide impugned order to accommodate respondent No.3. According to him, the appointment of respondent No.3 was on contractual basis for the specific Veterinary Institution/Hospital where she was posted i.e. Veterinary Hospital Mehla (Chamba). The learned Senior Additional Advocate General confronted with the situation has argued that respondent No.3 shall not be brought to Bilaspur since her appointment was for a specific institution at Mehla (Chamba). In view of this categorical undertaking given by the learned Senior Additional Advocate General that respondent No.3 shall not be brought to Chandpur, District Bilaspur, the plea of mala fides ceases. The petitioner was posted at Mobile Veterinary Dispensary, Bilaspur with effect from 20.11.2006. He has no vested right to remain at one particular place of posting. It is the prerogative of the employer to see where the services of the petitioner, who is a post-graduate, can be best utilized. Accordingly, there is no merit in the petition and the same is dismissed. No costs. CMP No. 1215/2009: Infructuous. 16.4.2009 (Rajiv Sharma ), J. *awasthi*