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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.: 333 of 2020

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Decided on: 15.01.2020

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Desh Raj .…Petitioner.

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Versus

State of Himachal Pradesh and others …Respondents.

Coram

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The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 Yes
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For the petitioner : Mr. Arsh Rattan Advocate vice
Mr. Anup Rattan, Advocate.
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For the respondents : Mr. Ashok Sharma, Advocate
General with M/s Adarsh
Sharma, Anil Jaswal and Shiv Pal
Manhans, Additional Advocate
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Generals.
Ajay Mohan Goel, Judge (Oral)
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CMP No. 1158 of 2020

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Allowed and disposed of.

CWP No. 333 of 2020

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2. Notice. Mr. Adarsh Sharma, learned Additional

Advocate General accepts notice on behalf of the respondents.

3. Learned Counsel for the petitioner submits that

the limited grievance of the petitioner is that despite his

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having been ordered to be transferred vide Office Order dated

02.01.2020 (Annexure P-1) from IPH Division Pooh, Sub

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Division Pooh, Section Namgia to IPH Division Nalagarh

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against vacancy, he is not being relieved from his present

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place of posting on the ground that till his reliever joins in his

place, he cannot be relieved. Learned Counsel for the

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petitioner argues that this act of the respondent-State is

arbitrary as when the petitioner has already completed his

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normal tenure in tribal area, then his relieving cannot be
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delayed on the pretext of non-joining of his reliever because

that is not in the hands of the petitioner.

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4. On the other hand, learned Additional Advocate

General has argued that there is no arbitrariness in the

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decision of the State because the services of the petitioner are

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required at his present place of posting till a reliever joins in

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his place, who stands duly transferred vide transfer order

Annexure P-1 itself and it is just a matter of time and as as

soon as his reliever will join the station, the petitioner shall

be relieved.

5. Having heard learned Counsel for the petitioner as

well as learned Additional Advocate General this Court is of

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the view that the transfer order of the petitioner cannot be

frustrated by not relieving him on the pretext that as he is

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serving in a tribal area, therefore, he shall be compelled to

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serve at his present place of posting until he is relieved by a

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reliever.

6. Respondent-State is the employer. It has already

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transferred an incumbent in place of the petitioner. If the

State is not in a position to implement its transfer order by

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ensuring joining of an incumbent in an hard or soft area,
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then the other incumbent, who is serving in the hard and

tribal area and who is ordered to be transferred to a soft area,

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cannot be compelled to stay at said station on account of said

act of omission and commission of the State. It is for the

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State to implement its transfer orders, and in case, an

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incumbent who has been transferred in place of the petitioner

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is not complying with the transfer order, then the State is at

liberty to fill up said post by transferring some other person

in place of the petitioner and/or take appropriate disciplinary

action against the incumbent who has been ordered to be

transferred to the said station and who is not complying with

the direction so passed by the State. However, the petitioner

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can be made to wait in perpetuity as far as his joining at new

place of posting is concerned.

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7. Accordingly, this petition is disposed of with the

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direction that in case respondent-State is not able to provide

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a reliever in place of the petitioner up to 31.01.2020, then the

petitioner shall be deemed to be relieved from his present

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place of posting, i.e. IPH Division Pooh, Sub Division Pooh,

Section Namgia, on
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01.02.2020 and join his new place of posting, i.e. IPH Division
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Nalagarh, where he has been ordered to be posted vide Office

Order dated 02.01.2020 (Annexure P-1).

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8. The petition stands disposed of in above terms, so

also pending miscellaneous application(s), if any.

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Copy dasti.
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(Ajay Mohan Goel)

Vacation Judge
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January 15, 2020

(narender)

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