(CWP/7010/2025) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7106/2025 a/w connected matters Decided on: 23.05.2025 1. CWP No. 7010/2025 Kamal Chand …Petitioner Versus Himachal Pradesh State Forest Corporation & Ors. .…Respondents. 2. CWP No. 7012/2025 Pushpa Devi …Petitioner Versus Himachal Pradesh State Forest Corporation & Ors. .…Respondents. 3. CWP No. 7106/2025 Deep Ram …Petitioner Versus Himachal Pradesh State Forest Corporation & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner(s): Mr. Neel Kamal Sood, Sr. Advocate with Mr. Vasu Sood, Advocate. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 (CWP/7010/2025 For the respondent(s): Ms. Kiran Dhiman and Ms. Kamakshi Tarlokta, Advocates for the respective respondents. Jyotsna Rewal Dua , J Petitioners are un-skilled and semi-skilled workers in the respondent-Forest Corporation. They feel aggrieved against office order dated 21.04.2025, whereby they were transferred from their present places of posting in Shimla/Chopal to Rosin & Turpentine Factory (R&T Factory), Nahan, hence they have preferred these writ petitions against common transfer order. 2. Primary challenge to the impugned transfer of the petitioners from their present places of posting (Shimla/Chopal) to R&T Factory, Nahan is on the ground that the petitioners had rendered just about 1 year 1 month (petitioners-Kamal Chand & Pushpa Devi) and 9 months (petitioner- Deep Ram) of service respectively at their present places. Without letting petitioners’ complete their normal tenure at the present places of posting, the respondents have transferred them (Class-IV employees) to R&T Factory, Nahan under impugned order 21.04.2025. Taking note of above contentions urged for the petitioners interim reliefs were granted to the petitioners vide orders dated 01.05.2025 & 02.05.2025. 3. Respondents have filed the reply. Reply states that:- (i) Petitioners are holding the posts of unskilled and semi-skilled 3 (CWP/7010/2025 workers (ii) The posts of unskilled and semi skilled workers are sanctioned for R&T Factory, Nahan and Bilaspur. (iii) There are no sanctioned posts of unskilled and semi skilled workers at Head office Shimla and Forest Working Division, Chopal. (iv) The respondent- Corporation is currently facing a significant staff shortage in R&T Factory, Nahan and Bilaspur leading to operational inefficiencies. Details of workers/staff shortages at R&T Factories as tabulated in reply is as under:- Name of office Un-Skilled Worker Semi-Skilled Worker Sanctioned post In position Variation Sanctioned post In position Var. R&T Factory Nahan 52 32 (-) 20 13 12 (-)1 R&T Factory Bilaspur 28 11 (-)17 51 29 (-)22 The respondents have defended the impugned transfer of the petitioners to R&T Factory, Nahan primarily on the ground that sanctioned posts for the petitioners’ category are available at R&T Factory Nahan, where their skills and services are required for the efficient operation of the respondent/Corporation’s activities. 4. Taking note of the stand of the respondents, they were directed to place on record the written instructions with justification that if the aforesaid was the position then why the respondents effected transfer of the petitioners in the first place from R&T Factory 4 (CWP/7010/2025 Nahan to the Head Office Shimla and FWD Chopal on 15.03.2024 (petitioners Kamal Chand & Pusha Devi) & 01.08.2024 (Deep Ram). Pursuant to above, learned counsel for the respondents placed on record office instructions from the Managing Director of the respondent-Corporation. The aforesaid office instructions, reiterate that operations of R&T Factory, Nahan are being severally hampered due to a critical shortage of factory workers. The instructions also state that the petitioners had been transferred in the year 2024 to Shimla/Chopal on their own representations/requests made to the Competent Authority and on the basis of D.O. Notes of the Competent Authority, acted upon by the then Managing Director of the respondent-Corporation for the better utilization of manpower and efficient working. But in order to over come the existing shortage of factory workers at R&T Factory, Nahan, in order to ensure smooth operation of R&T Factory Nahan, where work at present is badly hampered due to vacant posts, the petitioners have been transferred back to the R&T Factory, Nahan under impugned order dated 21.04.2025. 5. Considering the facts that:- Petitioners had been engaged as unskilled and semi-skilled workers in the respondent- corporation at R&T Factory, Nahan; The sanctioned posts for which, petitioners were engaged, are available at R&T Factory, Nahan; The work of the employer/respondent-Corporation is severally hampered 5 (CWP/7010/2025 due to critical shortage of factory workers at R&T Factory Nahan and considering the fact that petitioners’ transfers to the Head Office Shimla and FWD, Chopal, during the year 2024 was not on the basis of any conscious decision taken by the employer rather it was on the basis of D.O. Notes issued at the instance of the petitioners themselves, no justification is made out for interfering with the impugned transfers of the petitioners from their present places of posting to R&T Factory, Nahan. It is discretion of the employer to post its employees in the best interest of administration, operational efficiency & public interest to meet needs of organization. The given facts do not establish impugned transfers to be arbitrary or irrational. No case for interference with the impugned transfer is made out. However, in the given circumstances, the petitioners shall be entitled to the usual TTA/JT. The present petitions are disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 23rd May, 2025(rohit)