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Judgment
Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order dated 7.5.2011, whereby she has been transferred from Machryana (Suni) in place of Respondent No. 5-Krishan Verma, who has now been transferred to Totu (Shimla).
The Petitioner has set-up many grounds. I am not impressed against all of them. In fact, the record shows that for the last about 10 years, the Petitioner has managed to stay in or around Shimla within a radius of 25 kilometers from Shimla town.
Reply was called for, but no reply has been filed. However, record has been produced. There is, however, one very important factor in the present case. Respondent No. 5-Krishan Verma is a appointee and on his first appointment was posted to Machryana on 6.3.2009. As per the terms of the appointment and policy of the State Government, the teachers on his/her 1st appointment sent to a difficult/sub-cadre/tribal area will be considered eligible for transfer only after completion of minimum tenure of five years. This is a very salutary provision. When a person gets appointment he is ready to join anywhere and after getting a job cannot now demand that he/she should be transferred to a station of his/her choice. No material has been placed on record as to what was the necessity to adjust Respondent No. 5 at Totu.
No doubt, in special circumstances a request may be considered for transferring a fresh appointee to some other place. However, there must be specific reason for this and those reasons must be spelt out in the file. From the record which has been produced before me, there is nothing on record to show what prompted the department to initiate the transfer of Respondent No. 5-Krishan Verma from Macharayana to Totu.
It is also obvious that the Petitioner has now served in or around Shimla for almost 10 years. It is-3-for the department to continue her at Shimla or to post her at any other place, but Respondent No. 5-Krishan Verma could not have been brought to her place. Therefore, the impugned order is set aside. No costs.