IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.6413 of 2020
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Decided on: 2nd January, 2021
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Sunil Kumar
......Petitioner
Versus
State of Himachal Pradesh and others
......Respondents
__________________________________________________________________
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
1 Whether
approved for reporting?
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For the petitioner: Mr. Dalip K. Sharma, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General,
with Mr. Vinod Thakur, Mr. Vikas
Rathore & Mr. Shiv Pal Manhans,
Additional Advocates General and
Ms. Seema Sharma, Mr. Bhupinder
Thakur & Mr. Yudhvir Singh Thakur,
Deputy Advocates General.
(Through Video Conferencing)
Tarlok Singh Chauhan, Judge (Oral)
The instant writ petition has been filed for grant of following substantive reliefs:-
"A. That impugned action on part of respondent by not transferring the petitioner to the station of his choice despite completion of normal tenure as per the guiding principle or policy framed by the State of H.P. may kindly be declared as null and void.1
Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 02/01/2021 20:16:01 :::HCHP -2-
B. That the respondents may be directed to transfer the petitioner to the station of his choice as given in his request i.e., Annexure P-2, within time bound period.
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C. The respondent may further be directed to relax the condition of substitute in case of transferring the petitioner."
2. Learned Additional Advocate General has placed on record instructions dated 01.01.2021, received from the Department, relevant portion whereof reads as under:-
"In this behalf, it is submitted that the petitioner in the alleged Annexure P-2 has mentioned following stations of his choice for his transfer:
1. Gohar Divn.
r2. Sub-Div. Ner Chowk
3. Sub-Div. Pangna
4. Sundernagar Division
5. Sub-div. Mandi under Mandi-II Division The case of the petitioner for his transfer from hard area to one of aforementioned station of his choice shall be considered as per the Rules and transfer policy of the Government subject to vacancy in above mentioned stations within fifteen days."
3. In view of the aforesaid instructions, the present writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for transfer against any one of the five stations of his choice as given in the representation, in accordance with rules and transfer policy, within a period of fifteen days from today. Pending application(s), if any, shall also stand disposed of.
::: Downloaded on - 02/01/2021 20:16:01 :::HCHP -3-For compliance, to come up before the learned Vacation Judge on 22.01.2021.
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(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) Judge January 02, 2021 (V.Himalvi/Mukesh) ::: Downloaded on - 02/01/2021 20:16:01 :::HCHP