Vpo Gahar Tehsil Chowari vs State Of H.P.
2021 Latest Caselaw 4222 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. 3931 OF 2021
Between:-
      AMAN SINGH
      S/O SHRI JEEWAN SINGH





      VPO GAHAR TEHSIL CHOWARI
      DISTRICT CHAMBA, H.P.
                                                                 ....PETITIONER

(BY SH. ANUP RATTAN, ADVOCATE)
      AND


1.    STATE OF HIMACHAL PRADESH
      THROUGH SECRETARY (EDUCATION)
      TO THE GOVERNMENT OF HIMACHAL
      PRADESH, SHIMLA.


2.    DIRECTOR ELEMENTARY EDUCATION,
      HIMACHAL PRADESH,
      SHIMLA-2.




3.    DEPUTY DIRECTOR
      ELEMENTARY EDUCATION,





      HIMACHAL PRADESH, CHAMBA, H.P.

4.    PRINCIPAL,
      GSSS RAIPUR, TEHSIL SIHUNITA





      DISTRICT CHAMBA, H.P.

5.    BIKRAM SINGH JARYAL
      SON OF SHRI BISHAN SINGH JARYAL
      VILLAGE SIMBAL GHATTA, P.O. TUNDI,
      TEHSIL BHATTIYAT, DISTRICT CHAMBA,
      H.P.
                                                              ..RESPONDENTS

(MR. ASHOK SHARMA, ADVOCATE GENERAL
WITH MR. R.S. DOGRA, SR. ADDL. A.G
MR. VINOD THAKUR, MR. HEMANSHU MISRA,
MR. SHIV PAL MANHANS, ADVOCATE GENERALS &
MR. BHUPINDER THAKUR, DEPUTY ADVOCATE
GENERAL FOR R-1 TO R-4)
____________________________________________________________________________




                                                   ::: Downloaded on - 31/01/2022 22:58:19 :::CIS
                                        2




       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 13.07.2021 (Annexure P-2) qua the petitioner 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