__________________________________________________________________ vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 85 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                              CWP No.6413 of 2020




                                                                              .
                                  Decided on: 2nd January, 2021





    __________________________________________________________________
    Sunil Kumar
                                                                                ......Petitioner





                                      Versus

    State of Himachal Pradesh and others
                                                                          ......Respondents
    __________________________________________________________________





    Coram
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
    1 Whether

                  approved for reporting?

    ______________________________________________________
    For the petitioner:                  Mr. Dalip K. Sharma, Advocate.
    For the respondents:                 Mr. Ashok Sharma, Advocate General,
                                         with Mr. Vinod Thakur, Mr. Vikas


                                         Rathore & Mr. Shiv Pal Manhans,
                                         Additional  Advocates     General and
                                         Ms. Seema Sharma, Mr. Bhupinder
                                         Thakur & Mr. Yudhvir Singh Thakur,




                                         Deputy Advocates General.
                                         (Through Video Conferencing)





    Tarlok Singh Chauhan, Judge                   (Oral)

The instant writ petition has been filed for grant of

following substantive reliefs:-

"A. That impugned action on part of respondent by not transferring the petitioner to the station of his choice despite completion of normal tenure as per the guiding principle or policy framed by the State of H.P. may kindly be declared as null and void.

Whether reporters of Local Papers may be allowed to see the judgment?

B. That the respondents may be directed to transfer the petitioner to the station of his choice as given in his request i.e., Annexure P-2, within time bound period.

.

C. The respondent may further be directed to relax the condition of

substitute in case of transferring the petitioner."

2. Learned Additional Advocate General has placed

on record instructions dated 01.01.2021, received from the

Department, relevant portion whereof reads as under:-

"In this behalf, it is submitted that the petitioner in the alleged Annexure P-2 has mentioned following stations of his choice for his transfer:

1. Gohar Divn.

r2. Sub-Div. Ner Chowk

3. Sub-Div. Pangna

4. Sundernagar Division

5. Sub-div. Mandi under Mandi-II Division

The case of the petitioner for his transfer from hard area

to one of aforementioned station of his choice shall be considered as per the Rules and transfer policy of the Government subject to vacancy in above mentioned stations within fifteen days."

3. In view of the aforesaid instructions, the present

writ petition is disposed of with a direction to the respondents

to consider the case of the petitioner for transfer against any

one of the five stations of his choice as given in the

representation, in accordance with rules and transfer policy,

within a period of fifteen days from today. Pending

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

For compliance, to come up before the learned

Vacation Judge on 22.01.2021.

.

(Tarlok Singh Chauhan) Judge

(Jyotsna Rewal Dua) Judge January 02, 2021

(V.Himalvi/Mukesh)