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Judgment
Rajiv Sharma, J.—Petitioner remained posted at Development Block, Pragpur, District Kangra/T & E Circle, Dadasiba, T & E Circle, Dharampur, DAO/STO, Reckong Peo, SMF, Bhangrotu, ASSO, Sundernagar, FTC, Sundernagar, SDSCO, Sarkaghat, Sainj Circle at Parala, DDA, Mandi and DAO, Solan. He remained posted at Development Block, Sadar (Mandi) w.e.f. 03.12.2008 to 04.02.2010. He was posted as Soil Testing Officer, Sundernagar on 05.02.2010. Respondent No. 2 has remained posted at Kinnaur, Pangna Circle, Development Block, Karsog, Development Block, Sundernagar, SMS, Development Block, Karsog, FTC, Sundernagar, Directorate (under suspension) w.e.f. 09.02.2011 to 07.08.2011 and Development Block, Nirmand (Kullu) w.e.f. 9th August, 2011 to 21.06.2012. Petitioner has been transferred from Sundernagar to Development Block, Nirmand (Kullu) vide office order dated 20th June, 2012 vice respondent No. 2. Mr. Surinder Saklani, Learned Counsel for the petitioner has drawn the attention of the Court to inspection report on functioning of Soil testing Laboratories (STLs). This inspection report has been compiled by the Department of Soil Science, College of Agriculture, CSK, Himachal Pradesh Agriculture University. The following recommendations were made by the Committee:
(i) The Soil Testing Officer and ADOs with essential qualification of M. Sc. in Soil Science and AEO with B.Sc. (Agri) should be posted in the Soil Testing Laboratories. The STOs/ADOs/AEOs/other staff (responsible for collection of Soil samples) must undergo Soil Testing Training.
(ii) Frequent transfers of Soil Testing Staff (with essential qualification) must be avoided. If required, then may be transferred from one Soil Testing Laboratory to some other Laboratory.
The Director of Agriculture, Himachal Pradesh, Shimla-5 has sent a communication to the Secretary (Agriculture), Govt. of Himachal Pradesh, Shimla on 8th January, 2010, whereby he has highlighted that in order to upkeep the efficiency of equipments/instruments and accuracy of soil testing, specialized staff with M. Sc. (Agri.)/Ph.D. (Soil Science) and Agriculture Extension Officer with B.Sc. (Agri.) background qualification would be required to be posted in the Labs.
Petitioner was transferred from SMS, Mandi to STO, Sundernagar vide office order dated 27.01.2010 on the basis of letter dated 08.01.2010 read with the detailed report, Annexure P-2 compiled by the Department of Soil Science, College of Agriculture, CSK, Himachal Pradesh Agriculture University. The respondent No. 2 has joined at Nirmand (Kullu) only on 09.08.2011. It is apparent from the details of the postings of respondent No. 2 that most of the tenure he has remained posted in Development Block, Karsog and Sundernagar. There is no administrative exigency or public interest shown by the respondent-State why the respondent No. 2 has been transferred within a short span of 10 months after his joining at Development Block, Nirmand (Kullu) to Sundernagar.
Mr. C.N. Singh, Learned Counsel for respondent No. 2 has submitted that the petitioner has been transferred from Nirmand (Kullu) to Sundernagar on the basis of the representation made by him. This fact has not been mentioned in the reply filed on behalf of respondent No. 2.
We are of the considered view that in larger public interest and, more particularly, taking into consideration the interest of farming community, only duly qualified persons, who possess the qualifications, as recommended by the inspection committee vide Annexure P-2, are appointed as Soil Testing Officers.
The stand of the respondents in the reply is that the persons, though may not be possessing qualification of M.Sc. in Soil Science, but they gain experience, on the basis of which they can be appointed as STOs., merits rejection. This can only apply in a contingency when the ADOs. with M.Sc. in Soil Science and AEO with B. Sc. (Agri) are not available for appointment as Soil Testing Officers. Accordingly, in view of the observations and discussions made hereinabove, the writ petition is allowed. Annexure P-4, dated 20th June, 2012 is quashed and set aside. The respondent No. 1 is directed to permit the petitioner to work as Soil Testing Officer, Sundernagar, District Mandi, Himachal Pradesh till the completion of his normal tenure. The pending application(s), if any, also stand(s), disposed of. No costs.