Whether approved for reporting?¹Whether reporters of Local Papers may be allowed to see the judgment?

Jiya Lal Bhardwaj, Judge (Oral)

The petitioner by way of present petition has prayed for the following substantive reliefs:-

“(i) That the impugned order dated 22.2.2008, Annexure P-4/A transferring the petitioner from the post of Technical Officer, Directorate of Technical Education, Sundernagar to Government Polytechnic Banikhet against the post of Lecturer in Electrical Engineering may kindly be quashed and set aside with all consequential benefits and he may be deemed to have continued on the post of Technical Officer, Directorate of Technical Education. Sundernagar.

(ii) That the posting of respondent No.3 as Technical Officer in the Directorate of Technical Education Sundernagar vide order dated 20.2.2008, AHnnexure P-3/A may also be quashed and set aside;

(iii) That the promotion of respondent No.3 to the post of Head of Department vide notification dated 5.3.2011, Annexure P-12 may be quashed and set aside and respondent department may be directed to consider the petitioner for promotion to the said post from the date respondent No.3 was so promoted, with all consequential benefits.”

2. Shorn of unnecessary details, the key facts of the case are that the petitioner was appointed as Lecturer in Electrical Engineering on adhoc basis, who joined his duties on 11.08.1989 at Government Polytechnic Sundernagar, District Mandi, H.P. As per Recruitment and Promotion Rules (for short R&P Rules), for the post of Technical Officer (Composite Curriculla Development Centre), the post is to be filled up 100% by transfer, failing which, by direct recruitment. The petitioner vide Notification dated 29.04.2006, was transferred and posted against the vacant post of Technical Officer in the Directorate of Technical Education, Sundernagar, in the public interest with immediate effect and in sequel to the said transfer order, he had joined his duties. Later on, respondent No.3 vide Notification dated 20.02.2008, was transferred and posted as Technical Officer, in the Directorate, Sundernagar. The petitioner was transferred vide Notification dated 22.02.2008, from the Directorate of Technical Education, Vocational & Industrial Training, Sundernagar to Government Polytechnic Banikhet, Distt. Chamba, H.P. against vacant post, with immediate effect, without TTA/JT. The petitioner applied for earned leave o w.e.f. 25.02.2008 to 15.03.2008, however, he was relieved in absentia on 28.02.2008 and the petitioner after joining at Banikhet on 19.06.2008, made a representation to respondent No.1 regarding his transfer, wherein it was stated that the transfer order issued on 22.02.2008 is vague and arbitrary, as the transfer is neither in public interest nor in administrative exigency and that the post of Technical Officer is non-transferable. Respondent No.1 did not act on the said representation. Thereafter, the petitioner was put under suspension on 27.06.2008 (Annexure P-7) by respondent No.1 in view of the fact that it was contemplated to initiate disciplinary proceedings against him. However, later on, the suspension order was revoked on 24.10.2008 (Annexure P-8). Thereafter, the petitioner was issued with the articles of charge vide memorandum dated 30.01.2009 to the effect that the petitioner was transferred vide Notification dated 22.02.2008, but he did not join his duties as Lecturer Electrical Engineering in Govt. Polytechnic, Banikhet, Distt. Chamba, H.P. till 18.06.2008. However, after receipt of the enquiry report, the petitioner was exonerated of the articles of charge vide order dated 27.10.2010 (Annexure P-11).

3. The grievance of the petitioner in the writ petition is that his transfer vide Notification dated 22.02.2008 was arbitrary and illegal for the reason that hoe had short stay at Shimla and further, the same was aimed at to post some other person so as to give benefit of promotion to the post of Head of Department.