Himachal High Court: Employees Completing Tenure in Remote Areas Cannot Be Denied Preferred Posting Due to Lack of Vacancy
The Himachal Pradesh High Court has clarified that an employee who has completed the prescribed tenure in difficult, tribal, or remote areas cannot be denied transfer merely on the ground that no post is vacant. The Court held that the absence of a vacant post is not a valid justification, and the department cannot refuse to grant posting at a preferred station.
In the present case, the petitioner has been serving as a Physical Education Lecturer (DPE) at a Senior Secondary School in Samej, a difficult area of Kullu district, since 2021. As per the transfer policy, the petitioner completed the mandatory tenure of two winters and three summers. Thereafter, he submitted a representation to the department, providing five preferred stations for transfer.
However, on January 27, the competent authority rejected the application, citing the non-availability of vacant posts within a 30-kilometre radius. Subsequently, the petitioner was transferred to Government Senior Secondary School, Tharola, in Shimla district.
During the hearing, the Bench headed by Justice Jiyalal Bhardwaj observed that the department failed to consider employees who had been stationed at the preferred locations for long durations. Referring to earlier judgments, including Savita vs State of Himachal Pradesh, the Court reiterated that employees coming from difficult areas must be given priority for posting at their choice stations. If no vacancy exists, an employee who has been posted there for a long time should be relocated to accommodate the petitioner.
The Court directed the petitioner to submit a fresh list of five preferred stations within one week, mandating that at least one station must be from another district. The competent authority has been instructed to decide on the representation within two weeks.
The judgment is expected to bring significant relief to thousands of government employees who have completed their service tenure in tribal and remote areas and have been awaiting their preferred postings.
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