Dhan Prakash vs State Of H.P. & Others

L. Narayana Swamy, CJ

Office order dated 15th March, 2021 (Annexure P-2) has been passed to give effect to transfer order dated 8th November, 2019 (Annexure P-1) whereby the petitioner had been ordered to be transferred from Government College Nirmand (Kullu) to Government College Pangi (Chamba).

Learned counsel for the petitioner submits that order dated 15th March, 2021 (Annexure P-2) be set aside in view of the reasons; firstly that the petitioner has not completed his tenure of three years at the present place of posting; and secondly, the petitioner is a contract employee.

On the other hand, learned Additional Advocate General submits that since the petitioner is a Class-I officer, he cannot claim the benefit of the transfer policy as the same is not applicable in his case.

We have heard learned counsel for the parties and gone through the record.

Initially, vide notification dated 8th November, 2019 (Annexure P-1), the petitioner has been ordered to be transferred from Government College Nirmand (Kullu) to Government College Pangi (Chamba), but, the said notification was not given effect to till the passing of office order dated 15th March, 2021(Annexure P-2). When the transfer order is passed, it should be effected immediately but not after a gap of one year by passing another office order (Annexure P-2). As such, we find that office order dated 15th March, 2021 (Annexure P-2) has been passed in a mechanical way and without application of mind.

Under these circumstances, we allow the present petition and set aside the office order dated 15th March, 2021 (Annexure P-2) with liberty to the respondents to pass appropriate orders. The submission of the petitioner that he has not completed his normal tenure of three years shall also be taken into consideration while passing the appropriate orders.

Pending application(s), if any, also stand(s) disposed of.

Copy dasti.