Secondary School Bhunad vs Unknown
2021 Latest Caselaw 4447 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                     ON THE 9th DAY OF SEPTEMBER, 2021




                                                               .
                                 BEFORE





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





               CIVIL WRIT PETITION NO. 4868 OF 2021
    Between

    JAGDISH CHAND AGED 41 YEARS SON OF




    SH. CHATTAR SINGH, R/O VPO SIMMI,
    TEHSIL SALOONI, DISTRICT CHAMBA, HP,
    PRESENTLY WORKING AS DRAWING MASTER (C&V)
    ON REGULAR BASIS AT GOVERNMENT SENIOR

    SECONDARY SCHOOL BHUNAD, TEHSIL SALOONI,
    DISTRICT CHAMBA, H.P.

                                                          ....PETITIONER

    (BY SH DALEEP SINGH KAITH, ADVOCATE)



    AND




    1. STATE OF HIMACHAL PRADESH THROUGH
    SECRETARY (EDUCATION) TO THE GOVT. OF
    HIMACHAL PRADESH, SHIMLA-2.





    2. DIRECTOR, ELEMENTARY EDUCATION, HIMACHAL
    PRADESH, SHIMLA-5.





    3. DEPUTY DIRECTOR, ELEMENTARY EDUCATION,
    CHAMBA, DISTRICT CHAMBA, HP.
                                        ....RESPONDENTS

    (BY SH. VINOD THAKUR,
    ADDITIONAL ADVOCATE GENERAL)
    _________________________________________________
                This civil writ petition coming on for admission after
    notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered
    the following:




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                                 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 23.8.2021 (Annexure

p-1) 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 23.8.2021 is quashed and set side.

3. Pending miscellaneous applications, if any, also stand

disposed of.

                                                (Tarlok Singh Chauhan)
                                                         Judge





                                                    (Satyen Vaidya)

         th
              September, 2021                           Judge
                (Guleria)