Education Block Ramshehar vs State Of H.P
2021 Latest Caselaw 4754 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 27th DAY OF SEPTEMBER, 2021
                                  BEFORE




                                                                    .
            HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                     &
                 HON'BLE MR. JUSTICE SATYEN VAIDYA





                 CIVIL WRIT PETITION NO. 3930 OF 2021


     Between:-





     VIRENDER SINGH
     S/O SH. HANS RAJ, AGED 56 YEARS,
     R/O VILLAGE ADDUWAL P.O. RERU,
     TEHSIL PANJHERA, DISTT. SOLAN
     PRESENTLY POSTED AT GPS MESSI PLASSI

     EDUCATION BLOCK RAMSHEHAR.
                                                                 ....PETITIONER

     (BY SH. S.D. GILL, ADVOCATE)

      AND


1.    STATE OF H.P. THROUGH SECY.
      (ELEMENTARY EDUCATION) GOVERNMENT
      OF H.P. SHIMLA-171002.




2.    DIRECTOR (ELEMENTARY EDUCATION)
      SHIMLA DISTRICT SHIMLA, H.P.





3.    SH. SUSHMA
      W/O SH. VIJAY KUMAR,
      WORKING AS JBT IN GOVT, PRIMARY SCHOOL





      BHUD, EB RAMSHAHER TEHSIL RAMSHEHAR
      DISTRICT SOLAN, H.P.

                                                              ..RESPONDENTS

      (MR. ASHOK SHARMA, ADVOCATE
      GENERAL WITH MR.          R.S.     DOGRA,
      SR. ADDL. A.G, MR. HEMANSHU
      MISRA, MR. SHIV PAL MANHANS,
      ADDITIONAL       ADVOCATE       GENERALS
      FOR R-1 & R-2 AND
      MR. ANUBHAV CHOPRA, ADVOCATE
      FOR R-3)
     ________________________________________________________________________




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          This petition coming on for orders this day, Hon'ble Mr.
    Justice Tarlok Singh Chauhan, passed the following:
                               ORDER

.

Records reveal that the transfer of the petitioner has been

effected on the basis of D.O. note on the recommendations of a

person having no connection or concern with the administration or

working of administrative Departments. Obviously, the same is not

sustainable in view of 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.

2. Consequently, the writ petition is allowed and the impugned

transfer order dated 24.08.2021 (Annexure P-1) qua the petitioner is

quashed and set aside. However, since the petitioner has completed

his normal tenure of service at the given station, this order shall not

prevent the official respondents from considering the case of the

petitioner for transfer, which, of course, shall have to be in

accordance with the Comprehensive Guiding Principles-2013 for

regulating the transfers of the State Government employees and

notification dated 19.11.2020, provided that the same has not been

withdrawn. Pending application(s), if any, also stands disposed of.

                                                (Tarlok Singh Chauhan)
                                                          Judge


    September 27, 2021                              ( Satyen Vaidya )
          (naveen)                                        Judge