Ramesh Chand Verma vs State of H.P. and Others

Surinder Singh, J.—The petitioner is a Junior Engineer, in the respondent-department. He had joined Irrigation & Public Health Department, Division, Hamirpur at Sub-Division Sujanpur on 5.7.2008, as depicted in Annexure P-1, in compliance to the order dated 13.6.2008 of the Engineer-in- Chief, I&PH, Shimla. Thereafter, vide order dated 29.8.2009 (Annexure P-2) he was transferred to Head Office, Shimla, but it was cancelled. Now vide Office Order dated 27.7.2010 (Annexure P-3), he stands transferred to I&PH Division No.1, Shimla-9, Sub-Division Sainj, against a vacancy with immediate effect, in public interest and vide Annexure P-4, he was ordered to hand over the charge of his Section to Shri Ramesh Kumar Rana, AAE.

The aforesaid orders (Annexures P-3 and P-4) are under challenge, on the grounds firstly that he was not permitted to complete his normal tenure malafidely, but such reasons have not been stated nor any specific allegation has been imputed against any of the respondents. Secondly, he is suffering from heart ailment and remained admitted in IGMC, Shimla, for sometime, therefore, these orders are required to be cancelled on health ground.

Vide order dated 13.8.2010, the Principal Bench of this Court before admission had passed an interim order that in case the petitioner is not relieved as on that day, further proceedings in that regard shall be deferred till such time.

Shri A.K.Bansal, learned Additional Advocate General submitted that now the petitioner has completed his normal tenure and no malafide against any of the respondents has been alleged. The detail of his posting has been given in the reply and submitted that a Government servant is liable to be transferred in public interest anywhere at any time in exigency of public service where the department has its administrative units.

Heard and gone through the record of the case.

Since the petitioner has completed his normal tenure in I&PH Division Hamirpur, Sub Division Sujanpur, therefore, he has no right to remain at one place as the transfer is exigency of public service and the petitioner has been transferred in public interest. Further for his ailment, he can still get the treatment from IGMC, Shimla, which is nearer to his new place of posting in District Shimla, as such, the petition is dismissed, so also the pending application(s), if any. Interim order dated 13.8.2010 passed by this Court stands vacated.