Himachal Pradesh High Court
Bhupender Singh vs State Of Himachal Pradesh And Others on 24 July, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 7179 of 2024
Decided on 24th July, 2024
Bhupender Singh
...Petitioner
.
Versus
State of Himachal Pradesh and others
Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
1
Whether approved for reporting? No
For the petitioner: Mr. Vijay Singh Bhatia, Advocate.
For the respondents:
r to
Mr. Anup Rattan, Advocate General, with
Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
Issue notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents.
2. By way of this writ petition, the petitioner has challenged (Annexure P-1) on the ground that in terms thereof, the petitioner stands transferred to Keylong, which is tribal area ignoring the fact that the petitioner has earlier also served in the tribal area.
3. Having heard learned counsel for the petitioner as well as learned Advocate General and having perused the ::: Downloaded on - 24/07/2024 20:31:46 :::CIS 2 impugned notification, this Court finds that the impugned notification is not a transfer order. In fact, in terms of this notification, the petitioner, who is presently serving as a subject .
matter specialist has been placed against the post of Deputy Director Agriculture, which is a higher post, than the one being manned by the petitioner presently and as a result of the said placement, to the petitioner has been posted in PD ATMA (Keylong). Learned counsel for the petitioner submits that interest of justice would be served in case this petition is disposed of with the direction that though the petitioner in compliance to notification dated 19.07.2024 shall presently join at Keylong, but, thereafter as post of Deputy Director Agriculture shall be falling vacant at Hamirpur and Chamba in the months of October 2024 and November, 2024, respectively, the respondents be directed to adjust the petitioner at either of these two stations.
4. This petition is disposed of with the direction that until and unless there are serious impediments, the petitioner be posted either at Hamirpur or at Chamba when the post of Deputy Director Agriculture becomes available. The ::: Downloaded on - 24/07/2024 20:31:46 :::CIS 3 Department may post him at some other station also but with his consent. The petitioner is directed to move an appropriate representation in this regard to the authority concerned after 15 .
of August 2024, giving reference therein of the judgment passed by the Court so that needful can be done by the Authority.
5. Pending miscellaneous applications, if any, also stand disposed of accordingly.
(Ajay Mohan Goel) Judge July 24, 2024 (Vinod) ::: Downloaded on - 24/07/2024 20:31:46 :::CIS