Gagret vs State Of H.P.
2021 Latest Caselaw 4221 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                   ON THE 27th DAY OF AUGUST, 2021
                                   BEFORE




                                                                      .
            HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,





                                       &
                  HON'BLE MR. JUSTICE SATYEN VAIDYA





                 CIVIL WRIT PETITION NO. 4522 OF 2021
Between:-
      SHRI MAHESHWAR RAI
      S/O SHRI CHAMAN LAL





      AGED ABOUT 37 YEARS,
      R/O VILLAGE KASHIPUR, P.O.
      MUBARAKPUR, TEHSIL AMB,
      DISTRICT UNA PRESENTLY WORKING
      AS MEDICAL OFFICER (GENERAL DUTY)
      IN CIVIL HOSPITAL, GAGRET, TEHSIL

      GAGRET, DISTRICT UNA (H.P.)

                                                                   ....PETITIONER

(BY SH. ONKAR JAIRATH & SH. SHUBHAM SOOD, ADVOCATES)
      AND


1.    STATE OF HIMACHAL PRADESH
      THROUGH ITS ADDITIONAL CHIEF SECRETARY
      (HEALTH & FAMILY WELFARE )
      TO THE GOVERNMENT OF H.P.




      SHIMLA (HP)





2.    THE DIRECTOR OF HEALTH SERVICES,
      HIMACHAL PRADESH,
      SHIMLA.
                                                                ..RESPONDENTS





(MR. AJAY VAIDYA, SR. ADDL. A.G.)
____________________________________________________________________________

      This petition coming on for orders this day, Hon'ble Mr. Justice

Tarlok Singh Chauhan, passed the following:

                                  ORDER

Admittedly, the transfer of the petitioner has been effected on the

basis of a D.O. note, therefore, the same is not sustainable in view of the long

line of judgments rendered by this Court, especially in CWP No. 2862 of

2021 titled as Vipender Kalta vs. State of H.P., decided on 20.07.2021.

.

2. Consequently, the writ petition is allowed and the impugned transfer

order dated 11.08.2021 (Annexure P-1) is quashed and set aside. Since the

petitioner has completed his normal tenure at the present place of posting,

therefore, we make it absolutely clear that this order shall not come in the

way of the official respondents to transfer the petitioner. Pending

application(s), if any, shall also stand disposed of.

                                                      ( Tarlok Singh Chauhan )
                                                                Judge


August 27, 2021                                               ( Satyen Vaidya )
      (naveen)                                                      Judge