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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ranjan Sharma, J.
Kewal Singh - Petitioner
Versus
State of Himachal Pradesh & ors. - Respondents
CWP No.4643 of 2023
Decided On : 28-12-2023
Transfer - Non-Gazetted Officer - Guidelines for posting Non-Gazetted Officers - Clause 10 of the norms-orders governing transfers - legitimate expectation of an employee - entitlement to be posted to either of the three places of choice - availability of vacancy and administrative feasibility
Fact of the Case:
The petitioner, a Non-Gazetted Officer, challenged the transfer orders from Police Station Bangana to Police Lines, Una, citing completion of only four and a half months at the current station, impending superannuation in five months, and adversial family circumstances.
Finding of the Court:
The court found that the respondents did not comply with Clause 10 of the norms-orders governing transfers, which entitled the petitioner to be posted to one of three places of choice, subject to availability of vacancy and administrative feasibility, given the impending retirement.
Issues: The issues revolved around the validity of the transfer orders and the non-compliance with the guidelines for posting Non-Gazetted Officers.
Ratio Decidendi: The court held that the legitimate expectation of an employee, as per the guidelines, should be honored, and the petitioner should be permitted to make a representation indicating three stations of choice, in accordance with Clause 10 of the norms-orders governing transfers.
Final Decision: The court permitted the petitioner to make a representation indicating three stations of choice, and directed the Respondent No.2 to examine the representation and pass appropriate orders within three weeks. The operation of the transfer orders remained stayed until the decision of the representation.
JUDGMENT :
Ranjan Sharma, J.
The petitioner has filed the instant writ petition with the following prayer:-
2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.
4. The petitioner is a Non-Gazetted Officer, being an Assistant Sub-Inspector of Police, has assailed the orders dated 11.07.2023, [Annexure P-2] transferring him from Police Station Bangana to Police Lines, Una.
5. The petitioner has assailed the transfer orders (Annexure P-2) on the ground that; (i) the petitioner has completed only four and half months of stay at the present station i.e. Police Station Bangana; (ii) petitioner is due for superannuation on 31.05.2024 i.e. in about five months now; and (iii) petitioner has some adversial family circumstances/hardships, which are borne out from the medical prescription as in Annexure P-3.
6. The respondents have filed a reply on the affidavit of Shri Arjit Sen Thakur, Superintendent of Police, District Una. Reference to the reply admits that the petitioner is due for superannuation on 31.05.2024, as per Annexure R-2. Reply reveals that the petitioner has been serving within thirty kilometers, since long. However, in Para 9 of the reply, it is stated that the petitioner was transferred from Police Station Bangana to Police Line Una on 11.07.2023 but the petitioner did not join at Police Line Una and proceeded on medical leave. Para 9 of the reply further reveals that the respondents have not disputed the fact that the petitioner has made any representation or request regarding his grievances or circumstances or for adjustment or cancellation of transfer to the Appointing Authority- Respondent No.3.
7. In Para 10 of the reply, the respondents have tried to justify the issuance of transfer orders on the basis of the guidelines (Annexure R-3) which provide that the NGOs including ASIs, are liable to be transferred from one district to another district and within same district in exigencies of service and in public interest. In this background, the respondents have tried to justify the transfer orders.
8. This Court has considered the pleadings and also heard Mr. Bhuvnesh Sharma, learned Senior Advocate assisted by Ms. Vishali Lakhanpal, Advocate and Mr. B.C. Verma, learned State Counsel, for the respective parties.
9. No doubt, Respondent No.2-Director General of Police, Himachal Pradesh, has issued office order on 09.02.2007 (Annexure R-3) prescribing the guidelines for posting the Non-Gazetted Officers [Executive Police] throughout the State. This order also mandates that an NGO can be transferred and posted, subject to suitability, administrative feasibility and in public interest from one district to another and also within same district, but at the same time, a reference to Clause 10 of the order Annexure R-3, prescribing the norms and guidelines and concessions to employees, working in police department, cannot be ignored, as has been done by the respondents, while issuing the impugned transfer orders. Para 10 of the aforesaid transfer norms-guidelines, reads as under:-
10. Once the Respondent No.2-Director General of Police, Himachal Pradesh, has issued Clause 10 of the Office Order-Norms prescribing the guidelines for transferring and concessions available to the NGOs [Executive Police] which includes the ASIs i.e. present petitioner; then, the resp
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