Anil Kumar Rana vs State Of H.P & Others
2021 Latest Caselaw 509 HP

               IN THE HIGH COURT OF HIMACHAL PRADESH
                              SHIMLA

                                                          CWP No. 5796 of 2020




                                                                                .
                                                          Decided on 8.1.2021





    Anil Kumar Rana                                                                  Petitioner.
                                         Versus





    State of H.P & others                                                           Respondents.
    Coram:
    Hon'ble Mr. Justice Sureshwar Thakur, Judge.
    Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
    Whether approved for reporting?1

    For the Petitioner:
    For the Respondents:
                           r                 to  Mr. Anup Rattan, Advocate.
                                                  Mr. Ashwani Sharma, Addl. A.G for

                                                  respondents No. 1 to 3.

                                                  Mr. Arun Sehgal,                    Advocate,        for


                                                  respondent No.4.

                                                  (Through video conferencing).




    Sureshwar Thakur, Judge (oral)

Both the writ petitioner, and, co-respondent No.4

belong to the State cadre, and, can be posted in any of the

District(s), within the State of Himachal Pradesh.

2. Further more, both the writ petitioner, and, co-

respondent No.4, after completing their respective normal tenure of

three years, at the station(s) concerned, became transferred

Whether reporters of the local papers may be allowed to see the judgment?

...2...

therefrom, hence through, the impugned Annexure borne in

.

Annexure P-1.

3. The grievance of the writ petitioner, in his hence casting

a challenge upon the impugned Annexure, becomes rested, upon the

factum, that despite his earlier serving in a tribal area, in as much,

as, Pangi, his yet, through the impugned order, becoming

transferred, to a sub cadre area in as much, as, to GSSS Ail, District

Chamba, factum whereof, is supported by Annexure P-5, Annexure

whereof(s), becomes signatured by the Director of Elementary

Education, Himachal Pradesh, and, hence assumes veracity.

4. Be that as it may, even the learned counsel, for co-

respondent No.4, submits that since he is faced with a severe

diabetic and hypertension condition, and, hence upon his transfer

being made to a hard area concerned, thereupon his afore ailments

shall become aggravated.

5. Consequently, the writ petition is allowed, and, the

impugned transfer order is cancelled, in so far, it relates to the writ

petitioner. However, the transfer of co-respondent No.4 be

sympathetically considered, and, his transfer be made to a soft

...3...

station, within, the State of Himachal Pradesh, especially, for, his

.

ensuring qua his afore ailments becoming hence mitigated.

Pending applications stand disposed of accordingly.

( Sureshwar Thakur), Judge.

    8th January, 2021                  ( Chander Bhusan Barowalia ),
    (priti)        r                                  Judge.