Mohar Singh vs Unknown
2022 Latest Caselaw 4734 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 21st DAY OF JUNE, 2022 BEFORE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

.

&

HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CIVIL WRIT PETITION NO. 2851 OF 2022

Between:­

MOHAR SINGH, S/O SH. HET RAM, AGED ABOUT 44 YEARS, R/O VILLAGE BAKHUN, P.O. DURAHA,

SUB TEHSIL NETHER, TEHSIL NIRMAND, DISTRICT KULLU, H.P.

                   r                          ......PETITIONER

    (BY  MR.   RAJINDER        SINGH

    THAKUR, ADVOCATE)

    AND

    1. THE STATE OF HIMACHAL



    PRADESH     THROUGH       ITS
    SECRETARY        (ELEMENTARY
    EDUCATION)       TO      THE




    GOVERNMENT    OF    HIMACHAL

PRADESH SHIMLA, 171002.

2. DIRECTOR, ELEMENTARY EDUCATION, DIRECTORATE OF EDUCATION, H.P. SHIMLA­1.

3. DEPUTY DIRECTOR, ELEMENTARY EDUCATION KULLU, DISTRICT KULLU, H.P.

4. BLOCK ELEMENTARY EDUCATION OFFICER, NIRMAND DISTRICT KULLU, H.P.

5. SHASHI SHUKLA, PRESENTLY POSTED AS JBT AT GPS CHATTI, DISTRICT KULLU, H.P.

.....RESPONDENTS

(BY MR. ASHOK SHARMA,

ADVOCATE GENERAL WITH MR.

    RAJINDER    DOGRA,   SENIOR
    ADDITIONAL         ADVOCATE
    GENERAL,    MR.  SHIV   PAL
    MANHANS,         ADDITIONAL




                                                                  .
    ADVOCATES    GENERAL,   MR.

BHUPINDER THAKUR AND MR.

YUDHVIR THAKUR, DEPUTY ADVOCATES GENERAL AND MR.

RAJAT CHAUHAN, LAW OFFICER)

This petition coming on for orders this day, Hon'ble

Mr. Justice Tarlok Singh Chauhan, passed the following:

r ORDER

Aggrieved by the order of transfer, the petitioner has

filed the instant petition for the grant of following substantive

reliefs:

"(i) That writ of certiorari may kindly be issued for quashing and setting aside the transfer order dated 04.05.2022 Annexure P/1 whereby present petitioner has been ordered to be transferred Govt.

Primary School Chatti to Govt. Primary School Dhamar vice versa respondent No. 5.

(ii) That writ of Mandamus may kindly be issued, directing the respondents to permit the petitioner to continue at the present place of posting in terms of

the policy."

2 Records produced by the respondents would go to

reveal that the petitioner has been ordered to be transferred

solely on the basis of DO Note, without there being any

independent application of mind by the administrative

authority. Obviously, in such circumstances impugned order of

transfer cannot sustain, more particularly, in light of the

judgment rendered by this Court in CWP No. 2862 of 2021

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

20.07.2021.

.

3. Accordingly, we find merit in the instant petition

and the same is allowed, impugned order of transfer, dated

04.05.2022 (Annexure P­1), is quashed and set aside.

4. The petition is accordingly disposed of, leaving the

parties to bear their own costs.

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

of.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia)

Judge 21st June, 2022 (raman)