Tek Singh And Others vs State Of H.P And Others

Jyotsna Rewal Dua,J

Petitioners in both these writ petitions are working as drivers and are desirous of posting at HP PWD 11th Circle, Rampur, District Shimla, H.P.

Tek Singh (petitioner in CWP No. 4510 of 2019) was working as driver in the office of Engineer-in-Chief, HP PWD, Shimla. On 24.10.2019, he was ordered to be transferred to 11th Circle, HP PWD, Rampur against vacancy being caused due to retirement of one Sunder Singh driver on 31.12.2019. This order was issued in public interest and was to take effect after 31.12.2019.

Vide office order dated 30.12.2019, transfer of Tek Singh to 11 th Circle, Rampur against vacancy was cancelled and instead, Karam Singh (petitioner in CWP No. 1177 of 2020), who was working as driver in Nirmand division, was transferred to 11th Circle, HP PWD, Rampur.

Aggrieved against cancellation of his transfer to 11th Circle Rampur, Tek Singh preferred CWP No. 4510 of 2019. Vide order dated 01.01.2020, this Court stayed the cancellation order. In compliance to the interim order and subject to final outcome of the writ petition, Tek Singh was relieved from his duties with a further direction to join at 11th Circle, HP PWD, Rampur vide office order dated 04.03.2020. The office order dated 04.03.2020 has been assailed by Karam Singh in CWP No. 1177 of 2020.

Respondents have placed on record the following incumbency position of both the petitioners :-

"

CWP No.

Name of Petitioner

D.O.B.

D.O.A

Home Distt.

Place of posting

4510 of 2020

Sh. Tek Singh (Wrongly mentioned as Tilak Singh, S/o Sh. Shakru Ram

10.01.79

29.01.2007

Shimla

29.01.2007 to 18.06.2014 as Beldar, 19.06.2014 to 12.05.2015 as Driver in B&R Rampur, 13.05.2015 to 04.03.2020 in E-inC Office Shimla, 05.03.2020 to date in 11th Circle Rampur

1177 of 2020

Sh. Karam Singh, s/o Sh. Puni Ram

07.03.65

04.10.2006

Shimla

04.10.2006 to 31.12.2019 Nirmand Divn. 01.01.2020 to till in 11th Circle Rampur

It is evident from the perusal of above extracted table that Karam Singh (petitioner in CWP No. 1177 of 2020) has remained posted in Nirmand Division w.e.f. October, 2006 till date, whereas petitioner Tek Singh has worked in B&R Rampur, E-in-C. Office Shimla and is currently discharging his duties in 11th Circle, HP PWD, Rampur pursuant to office order dated 24.10.2019. The said office order was issued for transfer of Tek Singh against vacancy being caused due to retirement of one Sunder Singh on 31.12.2019. In its reply filed in CWP No. 1177 of 2020, respondents No. 1 to 3 have submitted that transfer of Tek Singh to 11th Circle, Rampur was cancelled only on account of U.O. Note obtained by Karam Singh. The transfer of petitioner Tek Singh ordered by Administrative Department in public interest could not have been cancelled merely on the basis of a U.O. Note. The cancellation of transfer order only on the basis of U.O. Note without there being any independent application of mind by the Administrative Department has been deprecated by this Court in various judicial pronouncements including Sanjay Kumar Vs. State of Himachal Pradesh and others 2013 (3) Shim. L.C. 1373, Amir Chand Vs. State of Himachal Pradesh 2013(2) Him. L.R. (DB) 648. The cancellation order dated 30.12.2019 was, therefore, illegal. We, accordingly, find no illegality in the office order dated 24.10.2019 and the subsequent compliance thereof vide order dated 04.03.2020.

For the foregoing reasons, CWP No. 4510 of 2019 is allowed and the office order dated 30.12.2019 is quashed and set aside. CWP No. 1177 of 2020 is dismissed. However, considering the fact that petitioner in CWP No. 1177 of 2020 is presently serving in Nirmand Division w.e.f. 2006, hence it shall be open to the respondents to transfer him in accordance with law as per applicable policy.

Both the writ petitions stand disposed of in the aforesaid terms, so also the pending applications, if any.