1

Whether approved for reporting?

Ajay Mohan Goel, Judge (Oral

By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

a. “That the order dated 01.04.2026 (Annexure P-8) may kindly be quashed and set aside.

b. That the respondents may very kindly be directed to adjust the petitioner in stations as mentioned in Para 16 of the Civil Writ Petition keeping in view health problem and as per the transfer policy.”

The grievance of the petitioner is that in terms of Annexure-8, his representation for being posted at a station of his choice has been rejected on the ground that the stations are not vacant.

Facts necessary for the adjudication of this petition are that the petitioner who was serving at GMS Chentti u/c GSSS Balakrupi, District Kangra stood transferred to GMS Guwar u/c GSSS Guwan, District Chamba. According to the petitioner this area falls in Mehla Block, which has been declared as a difficult area. Learned counsel submitted that in light of the fact that the petitioner is 54 years old, his transfer to a hard area at this stage is a bad order, more so, int the light of the fact that the petitioner has medical issues.

On the other hand, learned Additional Advocate General submits that the petitioner has no right to seek his adjustment at a station of his choice more so in the light of the hfact that his previous posting was not in tribal or hard area.

Having heard learned counsel for the petitioner as well as learned Additional Advocate General and having perused Annexure P-8, this Court is of the considered view that there is no infirmity with the impugned order.

In the light of the fact that the petitioner has been serving in GMS Chentti u/c GSSS Balakrupi, District Kangra, which is neither a hard are nor a tribal area, he cannot claim a station of his choice. As an employee who belongs to State Cadre, it is the prerogative of the employer to post such an employee where the administrative exigency is demand. However, in the light of the fact that the petitioner happens to be a 54 years old man, this petition is disposed of with the direction that the Authority may reconsider the case of the adjustment of the petitioner and he may be transferred to a station which is neither a hard area nor a tribal area in light of his health condition, but it is again reiterated thatt in the course of this adjustment, the petitioner cannot insist that he may be posted at a station of his choice. Necessary orders be passed within three weeks from today. The ban on transfer imposed by the State Government shall not come in the way of the Authority in passing the happropriate order. Till the fresh orders are passed, the petitioner gshall not be compelled to join the station to which he stands transferred and he can avail the kind of leave due to him. Pending miscellaneous applications, if any, also stand disposed of.