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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Pawan Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's transfer request from hard area rejected post-tenure. (Para 1 , 2) |
| 2. petitioner alleges arbitrary denial; state cites children's studies. (Para 3 , 4) |
| 3. employer must transfer employees after hard area tenure. (Para 5) |
| 4. quash rejection; direct transfer within four weeks. (Para 6) |
JUDGMENT :
AJAY MOHAN GOEL, J.
1. Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents.
2. The petitioner is aggrieved by Order dated 31.01.2026 (Annexure P-5), in terms whereof, his request of transfer from his present place of posting i.e. GSSS Kathog, Distt. Mandi, which is a difficult area, on the ground that he has already completed normal tenure at the said station has been rejected.
3. Learned Counsel for the petitioner submits that rejection of the case of the petitioner is completly arbitrary. He submits that it is the duty of the employer to ensure that after completion of normal tenure in hard area an incumbent is shifted out of that area, but in the present case needful is not being done by the Authorities concerned.
4. On the other hand, learned Additional Advocate General submits that the order is self-speaking
Employer must transfer employee from hard area after normal tenure completion to prevent such postings from becoming punishment-like; arbitrary rejection based on children's studies unsustainable wit....
Government employees can be transferred for public interest, and longer tenures do not create a legal right to remain at one location.
Transfers must have justification based on administrative exigency or public interest, and cannot be arbitrary; employees have a legitimate expectation of reasonable tenure in their positions.
An employee has no fundamental right or, for that matter, a vested right to claim a transfer or posting of their choice.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
State cadre employees after 25+ years in home-contiguous stations cannot challenge transfers to tribal areas; such postings non-punitive, fulfill administrative needs and employee service duty.
Point of Law : Guideline in respect of transfer does not confer upon the Government employee a legally enforceable right - Government servant has no right to remain posted at the place of his choice.
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