Between vs State Of H.P.
2021 Latest Caselaw 4224 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. 4505 OF 2021
Between:-
      SURINDER PATHANIA
      S/O SH. KHAJJIAR SINGH,





      RESIDENT OF VILLAGE GAGAHAR,
      P/O RAIPUR, TEH. BHATTIYAT,
      DISTRICT CHAMBA, HP, TGT (A)
      GMS BIHALI U/C GHS DHADU
      TEHSIL BHATIYAT 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.




2.    DIRECTOR ELEMENTARY EDUCATION,
      HIMACHAL PRADESH,





      SHIMLA.

3.    PRINCIPAL
      GSSS DHADU THEISL BHATIYAT





      DISTRICT CHAMBA, H.P.

4.    BIKRAM SINGH JARYAL
      SON OF SHRI BISHAN SINGH JARYAL
      VILLAGE SIMBAL GHATTA, P.O. TUNDI,
      TEHSIL BHATTIYAT, DISTRICT CHAMBA,
      (HP)
                                                              ..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-3)
____________________________________________________________________________




                                                   ::: Downloaded on - 31/01/2022 22:58:03 :::CIS
                                             2




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

Tarlok Singh Chauhan, passed the following:




                                                                             .

                                      ORDER

The respondents have not filed reply and the allegations leveled by the

petitioner in the writ petition that his transfer is effected on the basis of D.O.

note are taken to be true.

2. 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

judgment rendered by this Court in CWP No. 2862 of 2021 titled as

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

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

order dated 30.07.2021 (Annexure P-2) 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