Block vs State Of H.P. And Others
2022 Latest Caselaw 203 HP

                       REPORTABLE/NON-REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

            ON THE 28th DAY OF JANUARY, 2022




                                                    .
                       BEFORE





            HON'BLE MR. JUSTICE SATYEN VAIDYA.

             CIVIL WRIT PETITION No. 521 OF 2022





     Between:-

      SANDEEP SINGH S/O SH. GAJINDER SINGH,





      R/O VILLAGE KANDI, P.O. BHALEI,
      TEHSIL SALOONI, DISTRICT CHAMBA,
      PRESENTLY WORKING AS JBT IN GOVT.
      PRIMARY SCHOOL, PANTAH, EDUCATION

      BLOCK, SUNDLA, DISTRICT CHAMBA, H.P.
                                       ...PETITIONER

      (BY SH. ARUN RAJ & SH. TANUJ THAKUR,
       ADVOCATES)


      AND
    1. STATE OF HIMACHAL PRADESH, THROUGH
       PRINCIPAL SECRETARY (EDUCATION)




       TO THE GOVT. OF HIMACHAL PRADESH,
       SHIMLA- 171 002.





    2. DIRECTOR OF ELEMENTARY EDUCATION,
       HIMACHAL PRADESH, SHIMLA - 171 001.
    3. DEPUTY DIRECTOR, ELEMENTARY EDUCATION,





       CHAMBA, DISTRICT CHAMBA, H.P.
    4. NARESH KUMAR, PARENTAGE AND ADDRESS
       NOT KNOWN TO THE PETITIONER, PRESENTLY
       WORKING AS JBT, GOVT. PRIMARY SCHOOL,
       LADWAH, EDUCATION BLOCK SUNDLA,
       DISTRICT CHAMBA, H.P.
                                 .... RESPONDENTS.




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    (SH. RAJINDER    DOGRA,   SENIOR  ADDITIONAL
    ADVOCATE GENERAL, SH. DINESH THAKUR, ADDL.
    ADVOCATE GENERAL AND SH. MANOJ BAGGA, ASSTT.
    ADVOCATE GENERAL, FOR RESPONDENTS NO.FOR
    RESPONDENTS NO. 1 TO 3).




                                                           .

   NONE FOR RESPONDENT NO.4.
______________________________________________________________
             This petition coming on for orders this day, the





    Court passed the following:

                           ORDER

Aggrieved by the order of transfer, the petitioner

has filed the instant petition for the grant of following

substantive relief:

(i) That the impugned office order dated

17.01.2022 at Annexure P-1 qua the petitioner, whereby the petitioner has been ordered to be

transferred from GPS Pantah, Education Block, Sundla to GPS Ladwah, District Chamba may

kindly be quashed and set-aside and the petitioner may kindly be allowed to serve at

present place of posting OR In the alternative, the petitioner or respondent No.4 may kindly be adjusted/transferred in GPS Tikker u/c GCPS Athed or GPS Prangal u/c GCPS

Bhalei, Education Block, Sundla, District Chamba, H.P. against vacant post in the interest of justice."

.

2. In compliance to order dated 20.01.2022, the

respondent-State has produced the entire record

revealing the background in which the impugned transfer

has been effected. Indisputably, the transfer of the

petitioner has been effected on the recommendation made

by an authority, which has nothing to do with the

administration or the administrative department to which

the petitioner belongs. As such, the transfer is clearly not

sustainable in view of the judgment rendered by a

Division Bench of this Court in CWP No. 2862 of 2021,

titled Vipender Kalta vs. State of H.P. and others,

decided on 20.07.2021.

3. Consequently, the impugned order of transfer

dated 17.01.2022, as contained in Annexure P-1, is

ordered to be quashed and set-aside.

4. It has been stated that the petitioner has

completed the normal tenure of service at the present

place of posting, therefore, this order shall not come in

the way of the official respondents in case they want to

transfer the petitioner, however, such transfer shall be

.

strictly in accordance with the Comprehensive Guiding

Principles, 2013.

5. The instant petition is accordingly disposed of in

the aforesaid terms, so also the pending miscellaneous

application(s), if any.

28th January, 2022 r to (Satyen Vaidya)

(GR) Vacation Judge