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2022 Supreme(HP) 77

SABINA, SATYEN VAIDYA
Roop Chand S/o Shri Jodhu Ram – Appellant
Versus
State Of Himachal Pradesh through the Principal Secretary (HPPWD) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sh. Vishwa Bhushan, Advocate
For the Respondent:Sh. Anil Jaswal, Additional Advocate General

ORDER :

Satyen Vaidya, J.

Heard.

2. By way of instant petition, petitioner has prayed for the grant of following relief:-

    “i. That the notification dated 24.03.2022 (Annexure P/1) issued by the respondent No.1, being unconstitutional, discriminatory, arbitrary, unreasonable, unjustified and contrary to the transfer policy, may kindly be quashed and the respondents may please be directed to allow the petitioner to work as Assistant Engineer at HPPWD Sub-Division, Bir, Kangra, H.P.”

3. Petitioner has challenged transfer order dated 24.03.2022 (Annexure P-1) on the grounds that he has not completed the normal tenure of three years at his present place of posting and that his transfer has been ordered just to accommodate respondent No.2 in whose favour a D.O. Note was issued. Petitioner has already completed a tenure of two years eight months at HPPWD Sub Division, Bir.

4. As per Clause-10 of “Comprehensive Guiding Principles-2013” prescribed normal tenure/stay of an officer/official at one station is three years, however, the Officers of IAS/HPAS/HPPS/HPFS and other allied Services of all Class-I & II Officers have been expressly excluded. Petitioner is Assistant Engineer and holding Class

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