Pushpa Devi Thakur Vs State of HP (HP HC)

Pushpa Devi Thakur Vs State of HP 28.02.2012

Hon'ble Judges: Sanjay Karol

Civil Writ Petition No: 5982 of 2011

Advocates: 

PP Chauhan, R M Bisht

Sanjay Karol, J

[1] Petitioner has prayed for the following reliefs: 

"(a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 29-11-2010 being Annexure thereof, quashing the impugned order dated 29-11- 2011 (Annexure P-6) of the writ petition, as unconstitutional and illegal and contrary to the law;"

[2] Record reveals that petitioner has been serving the respondent Department and is posted in Shimla for more than 23 years. Presently she is working in the Executive Clerical cadre. Placement and posting of an employee, based on various considerations, including administrative exigencies is the sole prerogative of the employer. But however, administrative action in that regard, by the authorities, has to be on settled principles of law and definitely shorn of any arbitrariness.

[3] Respondents themselves posted the petitioner at TT&R, Shimla on 23.10.2009. It is not the case of the respondents that petitioner is not discharging her duties to the satisfaction of the employer. Suddenly and apparently without any justifiable reason which has not been substantiated on record, petitioner was transferred vide impugned order dated 29-11-2010(Annexure P-1) from TT&R (Shimla) to Sirmaur. Since petitioner is undergoing medical treatment at IGMC, Shimla and it is seen that no facility for similar treatment is otherwise available in District Sirmaur. Respondent No.1 is directed to consider her representation and take a decision there upon. The same stands rejected in terms of order dated 5.7.2011 Annexure(P-6).

[4] It is true that petitioner does not have any vested right of being accommodated at a particular place and petitioner has continued to be posted in Shimla for more than 23 years but in the peculiar facts and circumstances of the present case, I find that there is also nothing on record to justify petitioner''s transfer without completion of her normal tenure at TT&R Shimla. It is not as though petitioner has been requesting for her adjustment at Shimla. It is not the case of the respondents that petitioner''s transfer at Sirmaur would serve public cause/interest in a better, fruitful or more purposeful manner. As such, impugned orders qua the petitioner are quashed. Petitioner shall be allowed to complete her normal tenure of posting at TT&R Shimla, unless it is otherwise not warranted on account of any complaints etc.

[5] With the aforesaid observation, present petition is disposed of, so also the pending application(s), if any.