Justice Ajay Mohan Goel of Himachal Pradesh High Court pronounced a judgment stating that an employee whose order for transfer has been placed by the state cannot be made to wait in perpetuity for his joining in the new place of posting.
The Petitioner was ordered to be transferred from IPH Division Pooh to IPH Division Nalagarh against a vacancy. Although, the transfer order was obtained, the Petitioner was not being relieved from his present place of posting on the ground that till his reliever joins in his place, he cannot be relieved. The Counsel appearing for Petitioner argued that the state is being arbitrary by chalking out the choice even when the transfer is already allowed.
The Counsel appearing for the state argued that there is no arbitrariness in the decision of the State because the services of the petitioner are required at his present place of posting till a reliever joins in his place who is also duly stand transferred. And, as soon as the reliever will join the station, the Petitioner will be relieved.
The Court observed that a transfer order cannot be frustrated by not relieving the employee on the pretext that he is serving in tribal area. The Court made the state to be responsible to implement the transfer orders. The Court while granting the relief to the Petitioner stated that in case the state is not able to provide a reliever in place of the Petitioner up to 31.01.2020, then, the petitioner shall be deemed to be relieved from his present place of posting.