Dehra vs State Of H.P.
2021 Latest Caselaw 5776 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 16th DAY OF DECEMBER, 2021




                                                         .
                               BEFORE





            HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                &

                 HON'BLE MR. JUSTICE SATYEN VAIDYA

                 CIVIL WRIT PETITION NO. 7134 OF 2021





     Between:-

     PAWAN    KUMAR,     S/O   SHRI
     KASHMIR SINGH, RESIDENT OF

     VILLAGE & P.O. PAISA, TEHSIL

     DEHRA, DISTRICT KANGRA, H.P.
     PRSENTLY WORKING AS HEAD
     TEACHER    IN   G.P.S.   UPPER
     PAISA,            ELEMENTARY
     EDUCATION     BLOCK     DEHRA,


     DISTRICT KANGRA, H.P.
                                                     ...PETITIONER
     (BY SH. RAMAKANT SHARMA,
     ADVOCATE)




     AND





1.   STATE OF HIAMCHAL PRADESH
     THROUGH      ITS   PRINCIPAL





     SECRETARY EDUCATION TO THE
     GOVT. OF HIMACHAL PRADESH,
     SHIMLA-171002.
2.   DIRECTOR,        ELEMENTARY
     EDUCATION,         HIMACHAL
     PRADESH, SHIMLA-1.
3.   DEPUTY             DIRECTOR,
     ELEMENTARY        EDUCATION,
     KANGRA    AT    DHARAMSHAL,
     DISTRICT KANGRA, H.P.
4.   SMT. NISHA DEVI W/O SH.
     HOSHIAR SINGH, R/O VILLAGE
     &   P.O.  RANITAAL,   TEHSIL
     DEHRA, DISTRICT KANGRA, H.P.
                                               ...RESPONDENTS




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                                    2




    (SH. ASHOK SHARMA, A.G.
    WITH SH. RAJINDER DOGRA,
    SR. ADDL. AG., SH. VINOD
    THAKUR AND SH. SHIV PAL




                                                                   .
    MANHANS, ADDL. AGS., FOR





    RESPONDENTS-STATE.).

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





    Tarlok Singh Chauhan, passed the following:-

                                  ORDER

Aggrieved by the order of transfer, the petitioner has

filed the instant petition for the grant of following substantive

relief:-

(i) That the impugned office order dated 09.11.2021

(Annexure P-1) whereby the petitioner has been ordered to be transferred from GPS Upper Paisa, Elementary Education Block Dehra to GPS Barwara, Elementary Education Block Dadasiba, District Kangra, H.P. may kindly be quashed and

set aside.

2. Record reveals that the transfer of the petitioner has

been effected solely on the basis of the recommendations made

by a person, who is totally related and has nothing to do with the

working of the administrative department of the petitioner. In

such circumstances, obviously, the order of transfer cannot

sustain in view of the long line of decisions rendered by this

Court.

3. Reference in this regard can conveniently be made

to 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.

4. Accordingly, the instant petition is allowed and the

impugned transfer order dated 09.11.2021 (Annexure P-1) is

.

quashed and set aside. Since, the petitioner has completed his

normal tenure of service at the present place of posting,

therefore, this order shall not come in the way of the official-

respondents in case they still want to transfer the petitioner,

however, such transfer shall be strictly in accordance with law.

Pending application(s), if any, also stands disposed

of.

Copy dasti.

                                            (Tarlok Singh Chauhan)
                                                     Judge


                                               (Satyen Vaidya)
              th
           16      December, 2021                   Judge
                (sanjeev)