Hari Singh vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Petitioner assails order dated 02.02.2021, whereby his previous posting order dated 28.01.2021 was modified.

The petitioner, working as Panchayat Secretary in Development Block Pangi, District Kullu, H.P., was promoted to the post of Senior Assistant

(Progress) on 28.01.2021 and posted in the same Block. He submitted his joining report the same day. On 02.02.2021, the posting order of petitioner

was modified and instead of Development Block Pangi, District Chamba, the petitioner was posted in Development Block Kullu, District Kullu, H.P.

against vacancy. The modification of posting order issued on 02.02.2021 has been challenged in the instant petition.

The order dated 02.02.2021 modifying the posting order has been impugned on the ground that same has been passed just five days after joining of

the petitioner in Development Block Pangi in compliance to the order dated 28.01.2021. Stand of the respondents is that even though post of

Panchayat Secretary is a State cadre post, yet the petitioner in the capacity as Panchayat Secretary remained posted at Development Bock Pangi,

District Chamba for more than 22 years. On 28.01.2021 the petitioner was promoted from the post of Panchayat Secretary to that of Senior Assistant

(Progress). Inadvertently, subsequent to his promotion, the petitioner was adjusted in the same Development Block Pangi, as per his option. Later on,

the mistake in his posting was realized and rectified by issuing office order on 02.02.2021, posting the petitioner to Development Block Kullu against

vacancy. It is also submitted in the reply filed by the respondents that against the post of Senior Assistant (Progress) in Development Block Pangi, a

female Senior Assistant has been adjusted in view of her family problems, after the approval of competent authority.

It is well settled that posting and transfer of a Government employee is a normal administrative feature. Who is to be transferred, where to be

transferred and the period for which he is to be transferred are within the domain of the employer to be exercised in accordance with law. In the

instant case, it is not in dispute that petitioner, throughout his total service career of more than 22 years, has remained posted at Development Block

Pangi. He was promoted as Senior Assistant on 28.01.2021. In normal course, on such promotion, he was required to be sent to another place. It is

the stand of the respondents that even after his promotion, inadvertently, he was posted as Senior Assistant (Progress) in the same Development

Block, as per his option. This was an inadvertent mistake on the part of the respondents which was rectified by them on 02.02.2021. There is no

vested right in the petitioner to continue to serve at one place i.e. Development Block Pangi, District Chamba, H.P., subsequent to his promotion as

Senior Assistant (Progress).

Accordingly, we do not find any merit in the instant writ petition and the same is dismissed. Pending applications, if any, also stand dismissed.