ABDUL HAMID Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-1-31
HIGH COURT OF HIMACHAL PRADESH
Decided on January 05,2021

ABDUL HAMID Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

VIVEK SINGH THAKUR,J. - (1.) Petitioner is serving as a Deputy Ranger in Forest Department of Himachal Pradesh. He has preferred the present petition for quashing and setting aside Office Order dated 12.06.2020 (Annexure P-1) and Office Order dated 02.07.2020, whereby petitioner has been transferred from Chhabaru Block, Lower Chamba Range of Chamba Forest Division and posted in the office of Divisional Forest Officer, Chamba on special duty, without TTA and Joining Time with immediate effect and Deputy Ranger Vinay Kumar posted in Check Post Karian has been directed to take over charge from petitioner temporarily till further orders vide order dated 02.07.2020.
(2.) It is second round of litigation. Earlier petitioner had preferred CWP No.2183 of 2020 against the aforesaid impugned orders. The said petition was disposed of on 14.07.2020 by Division Bench of this Court with liberty to the petitioner to make representation to the Additional Chief Secretary to the Government of Himachal Pradesh within one week in accordance with transfer policy with further direction to the respondentsState to decide such representation in the light of transfer policy occupying the field and to pass appropriate orders within two weeks.
(3.) In compliance of the aforesaid orders passed by the Division Bench of this Court, petitioner had submitted representation dated 20.07.2020 mentioning therein two stations of his choice for his posting i.e. Masroond and Chamba Blocks of Chamba Forest Division. The said representation has been rejected by Principal Chief Conservator of Forests, on the ground that as per "Comprehensive Guiding Principles-2013" issued for regulating the transfer of State Government employees, circulated vide letter dated 10.07.2013, Deputy Rangers will not be posted in their Home Range and adjoining Ranges, and as Lower Chamba Range is Home Range and Masroond Block falls in adjoining to Home Range of the petitioner and, thus, his posting in these Ranges is not permissible as per transfer policy.;


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