JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Petitioner is serving as a Deputy Ranger in Forest Department of Himachal Pradesh. He has preferred the present petition for quashing and setting aside Office Order dated 12.06.2020 (Annexure P-1) and Office Order dated 02.07.2020, whereby petitioner has been transferred from Chhabaru Block, Lower Chamba Range of Chamba Forest Division and posted in the office of Divisional Forest Officer, Chamba on special duty, without TTA and Joining Time with immediate effect and Deputy Ranger Vinay Kumar posted in Check Post Karian has been directed to take over charge from petitioner temporarily till further orders vide order dated 02.07.2020.

2. It is second round of litigation. Earlier petitioner had preferred CWP No.2183 of 2020 against the aforesaid impugned orders. The said petition was disposed of on 14.07.2020 by Division Bench of this Court with liberty to the petitioner to make representation to the Additional Chief Secretary to the Government of Himachal Pradesh within one week in accordance with transfer policy with further direction to the respondents- State to decide such representation in the light of transfer policy occupying the field and to pass appropriate orders within two weeks.

3. In compliance of the aforesaid orders passed by the Division Bench of this Court, petitioner had submitted representation dated 20.07.2020 mentioning therein two stations of his choice for his posting i.e. Masroond and Chamba Blocks of Chamba Forest Division. The said representation has been rejected by Principal Chief Conservator of Forests, on the ground that as per “Comprehensive Guiding Principles-2013” issued for regulating the transfer of State Government employees, circulated vide letter dated 10.07.2013, Deputy Rangers will not be posted in their Home Range and adjoining Ranges, and as Lower Chamba Range is Home Range and Masroond Block falls in adjoining to Home Range of the petitioner and, thus, his posting in these Ranges is not permissible as per transfer policy.

4. Feeling aggrieved by adjudication of representation, petitioner has preferred present writ petition mainly on the ground that his transfer is arbitrary, illegal and bad in the eyes of law and has not been ordered for administrative exigency, convenient and efficient functioning of the machinery, but for extraneous purposes with malafide intention to harass the petitioner for performing his duties with sincerity and honesty.

5. During hearing petitioner has also placed on record details of ten Deputy Rangers, who have either been posted in their Home Range and in a Range adjoining to their Home Range in District Chamba. In response thereto, it has been communicated through learned Additional Advocate General, under instructions received from the Department, that some of them have been posted in offices but not in field and those who have been posted in the field, have been posted so after due relaxation granted by the competent authority.

6. It is contended on behalf of the petitioner that he had never requested for his transfer nor his transfer has been ordered on the ground of his posting in Home Range or adjoining to Home Range, but for extraneous reasons as his transfer has been ordered without Joining Time and TTA, which is always admissible to an employee transferred without his request and transfer without TTA and Joining Time is ordered only when there is a request on the part of the employee seeking transfer.

7. It is also canvassed on behalf of the petitioner that at the time of passing the impugned order in June 2020, petitioner had completed only 1 year 9 months on the station and as of now also he has not completed his normal tenure of 3 to 5 years, but a tenure of about 2 years only.

8. Per contra, learned Additional Advocate General, submits that employer is best person to decide where his employees are to be utilized and where and when an employee is to be posted and minimum period of normal stay contained in the policy is a