IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16559 of 2024 Date of Decision: 01.05.2025 _______________________________________________________ Rahul Kumar …….Petitioner Versus State of Himachal Pradesh & others … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. D.K. Khanna, Advocate. For the Respondent: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. _______________________________________________________ Sandeep Sharma, Judge(oral): Being aggrieved and dissatisfied with office order dated 10.12.2024 (Annexure P-5), whereby petitioner, who is working as Range Assistant in Forest Range Swarghat, Division, Bilaspur under Forest Circle Bilaspur, Himachal Pradesh came to be transferred from Forest Range, Swarghat to Forest Check Post, Barotiwala under Forest Division Kunihar, Forest Circle Bilaspur, against vacancy, petitioner has approached this Court in the instant proceedings, praying therein to set-aside aforesaid order. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel 1Whether the reporters of the local papers may be allowed to see the judgment? 2 for the petitioner, is that petitioner has been not permitted to complete his normal tenure of posting at present place of posting and impugned transfer order has been issued by the respondents in violation of transfer policy on the ground that petitioner was posted at Forest Range, Swarghat in the month of March, 2024 and thereafter, within a period of seven months, he has been transferred from afore station to Forest Check Post, Barotiwala under Forest Division Kunihar, Forest Circle Bilaspur. 3. Pursuant to the notices issued in the instant proceedings, respondents have filed reply. Though, opportunity was given to the petitioner to file rejoinder, but no rejoinder has been filed. 4. It is quite apparent from the reply filed by the respondents that petitioner was appointed as a Forest Guard in the Forest Department on 20.08.2015 on contract basis and in afore capacity, he remained posted as Range Assistant in Forest Range, Swarghat under Forest Division Bilaspur w.e.f.16.03.2024. The petitioner was transferred from Forest Beat Nihari, Range Bharari under Forest Division Bilaspur to Forest Check Post, Barotiwala under Forest Division Kunihar vide office order dated 13.04.2023 (Annexure P-1) with prior approval of the competent authority, however, subsequently he was adjusted in Forest Beat, Lakhanpur Block/ Range Sadar under Forest Division Bilaspur vide order dated 24.04.2023 (Annexure P-2). The petitioner again was temporarily 3 adjusted in Forest Check Post, Barotiwala under Forest Division Kunihar vide order dated 17.06.2023 in view of administrative exigency. However, again on his request, he came to be adjusted in Forest Division Bilaspur. 5. In nutshell, as and when petitioner was transferred from Forest Division, Bilaspur, which is his home Division to Forest Division Kunihar i.e. adjoining Division of Bilaspur on administrative exigency, he refused to comply with same on one pretext or other. Reply filed by the respondents clearly reveals that petitioner was transferred many times within a short span of two years, but every time, he refused to comply with the same on one pretext or other. Since, it is quite apparent from the reply filed by the respondents that petitioner throughout remained posted in Forest Division Bilaspur, which is otherwise his home Division, this Court sees no reason to interfere in the impugned transfer order and as such, same is upheld. 6. Consequently, in view of the above, the present petition is dismissed being devoid of merit alongwith pending applications, if any. Interim order is vacated. (Sandeep Sharma), Judge May 01, 2025 (shankar)