Vijay Kumar-II vs State Of Himachal Pradesh & Another

M.S. Ramachandra Rao, CJ

This Letters Patent Appeal is preferred by the appellant challenging order dt. 11.08.2023 passed in CWP No.1899 of 2023, titled as Vijay Kumar-II Versus State of H.P. and another.

In the writ petition the petitioner had assailed a Notification dt. 08.04.2023 transferring him as Sub-Divisional Officer (Civil), Dodra Kwar, District Shimla, H.P.

Admittedly, the petitioner is a serving member of the Himachal Pradesh Administrative Service (in short ‘HPAS’), to which service he got appointed in the year 2014 after qualifying in HPAS Combined Competitive Examination.

His contention is that initially he had worked in the year 1999 as a Lecturer (Physics), a Class-II Gazetted post, for one year and one month at Dodra Kwar; after his appointment in HPAS he was transferred to Kinnaur in the year 2015 as Assistant Commissioner to Deputy Commissioner at Reckong Peo as a HPAS officer; and he made a request to the Department that he should not be made to work there having regard to his earlier service in Dodra Kwar and the said request was said to have been accepted.

Learned Single Judge held that the service rendered by the petitioner/appellant as a Lecturer (Physics) is in a totally different cadre and after he became the HPAS officer his previous posting in Dodra Kwar as a Lecturer (Physics) or in tribal area of Bharmour as Class ‘A’ Tehsildar cannot come to the aid of the appellant. Learned Single Judge held that the appellant had not served in any tribal/hard/ most difficult area as HPAS officer and the time spent by him in difficult area when he was employed as a Teacher or as a Tehsildar cannot bestow him any privilege for staying away in these areas after he got selected as a HPAS Officer. Learned Single Judge held that as a members of the Class-1 Gazetted cadre, that too as a HPAS cadre officer which is a premier administrative service of the State, the appellant is bound to serve where the Department sends him in exigency of service and in public interest and he cannot be granted any exemption from working in hard area. The family circumstances cited by the appellant were also not accepted.

Though, learned counsel for the appellant sought to contend that learned Single Judge should have interfered with this order of transfer having regard to the service previously rendered by him in hard area as a Lecturer (Physics) or as a Class ‘A’ Tehsildar at Bharmour, we agree with the reasoning of the learned Single Judge that his service in those positions was not after his appointment as a HPAS officer and as a HPAS he has not served in any tribal+/ hard/ most difficult area.

The HPAS is a premier administrative service of the State and all the facilities are available to the appellant and transfer being an incident of service he is bound to serve whereever the Department sends him in exigency of service or in public interest.

We, therefore, do not find any merit in the appeal, which is accordingly dismissed. No order as to costs. Pending miscellaneous applications, if any, stand disposed of.