______________________________________________________________ vs State Of H.P. & Ors
2022 Latest Caselaw 10503 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA


                                                        CWP No. 7819 of 2022




                                                                                 .
                                                      Decided on: 07.12.2022





        ______________________________________________________________
    Parma Nand Sharma                                                ....Petitioner





                                           Versus

    State of H.P. & Ors.                                             ....Respondents
    _




    Coram





    The Hon'ble Ms. Justice Sabina, Judge.
    The Hon'ble Mr. Justice Sushil Kukreja, Judge.

    Whether approved for reporting?1

_




    For the petitioner             :           Mr. Sanjeev Bhushan, Sr.
                                               Advocate with Mr. Rakesh
                                               Chauhan, Advocate.

        For the respondents            :       Mr. Ashwani Sharma, Addl. AG, for



                                               respondent No. 1.

                                               Mr. Balram Sharma, DSGI, for




                                               respondents No. 2 and 3.





    Sabina, Judge (oral)

Petitioner has filed the petition under Article 226 of

the Constitution of India, seeking following reliefs:

"(i) To quash and set aside the impugned transfer order 14.10.2022, (Annexure P­3).

(ii) To direct the respondents to allow the petitioner to continue working as Lecturer Mathematics at Government Polytechnic Sundernagar, District Mandi, H.P."

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

2. Learned counsel for the respondents have opposed

.

the petition.

3. In the present case, admittedly, the petitioner was

initially appointed as Lecturer (Mathematics) in Government

Polytechnic, Sundernagar on 12.03.2015. Thereafter, the name

of the petitioner was recommended for attending the interview

for appointment as Associate NCC Officer (ANO) and presently,

the petitioner is performing the duties of ANO apart from his

teaching duties. Vide impugned order, dated 14.10.2022

(Annexure P­3), petitioner has been transferred to Government

Polytechnic, Bilaspur.

4. Admittedly, the petitioner has been transferred to

an institute, where no NCC troops are functioning. Hence,

impugned transfer order has been passed contrary to the

instructions (Annexure P­5). Relevant portion of Annexure P­5

reads as under:­

"For smooth functioning of NCC activities in the Colleges/Schools, it has been desired by Hon'ble Chief Minister and Hon'ble Education Minister that ANOs (NCC) may not be transferred to non ACC institutions.

All concerned are requested to please adhere to these instructions and all ensure that the ANOs (NCC) are transferred only to such institutions where NCC troops are functioning."

5. In similar circumstances, CWP No. 4594 of 2020,

titled Suresh Kumar Vs. Union of India & Others, was

.

allowed, by co­ordinate Bench of this Court, vide order dated

22.12.2021.

6. Hence, we are of the opinion that the instant

petition deserves to be allowed, as the petitioner has been

transferred to an institute, where no NCC troops are functioning

and the same is against the instructions issued by the

Department from time to time.

7. Accordingly, the petition is allowed. Impugned order

(Annexure P­3), dated 14.10.2022, qua the petitioner, is set

aside.

Pending application(s), if any, shall stand disposed

of.

                                                          ( Sabina )
                                                             Judge





                                                      ( Sushil Kukreja )
    7th
          December, 2022                                  Judge
           (raman)