Jagdish Chand Son Of Sh. Chandu Ram vs State Of H.P. And Others Dated
2021 Latest Caselaw 4363 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                 ON THE 6th DAY OF SEPTEMBER, 2021




                                                       .
                            BEFORE





       HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
           HON'BLE MR. JUSTICE SATYEN VAIDYA





              CIVIL WRIT PETITION NO. 5385 OF 2020
    Between

    JAGDISH CHAND SON OF SH. CHANDU RAM




    AGED ABOUT 54 YEARS, R/O VILL. DIBLA,
    PO TAROUN, TEHSIL GHUMARWIN,
    DISTRICT BILASPUR, H.P. WORKING AS
    PEON IN GHS TARAUN, DISTT. BILASPUR, HP.

                                                  ....PETITIONER

    (BY SH KUL BHUSHAN KHAJURIA, ADVOCATE)

    AND



    1. STATE OF H.P. THROUGH SECRETARY
      (EDUCATION) TO THE GOVT. OF H.P.




    2. DIRECTOR,DEPARTMENT OF HIGHER
      EDUCATION, SHIMLA





    3. DEPUTY DIRECTOR OF HIGHER EDUCATION
       BILASPUR, H.P.





    4. SH. KHAIR DEEN SON OF NOT KNOWN
      TO THE PETITINER, WORKING AS PEON
      IN GHS TARAUN, TEHSIL GHUMARWIN,
      DISTRICT BILASPUR, HP.
                                              ....RESPONDENTS

    (BY SH. HEMANSHU MISRA, ADDITIONAL
     ADVOCATE GENERAL )

    (SH. MOHIT THAKUR, ADVOCATE FOR
     RESPONDENT NO.4.)
    _________________________________________________




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                     This civil writ petition coming on for admission after
    notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered




                                                                   .
    the following:





                                 JUDGMENT

Record reveals that transfer of the petitioner has been effected on the basis of recommendation made by a person, who has nothing to do with the administration and working of respondent-

department. In view of this, transfer order dated 12.10.2020 is not sustainable in the eyes of law. Reference in this regard can conveniently be made to the judgment passed by this Court in CWP

No. 2862/2021 Vipender Kalta Vs. State of H.P. and others dated

20.7.2021.

2. Consequently, the instant petition is allowed and impugned order dated 12.10.2020 is quashed and set side. Since, the

petitioner has completed his normal tenure, therefore, this order shall not come in the way of the respondent-department in further

considering the case of the petitioner for transfer in accordance with

law and rules.

Pending miscellaneous applications, if any, also stand

disposed of.

                                                (Tarlok Singh Chauhan)
                                                         Judge


                                                    (Satyen Vaidya)

         th
              September, 2021                           Judge
                (Guleria)