Keshva Ram Aged About 53 vs Unknown
2022 Latest Caselaw 3674 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                     ON THE 23rd DAY OF MAY, 2022




                                                           .
                                 BEFORE





            HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                                  &





         HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
                 CIVIL WRIT PETITION NO. 2663 OF 2022

     Between:-





     KESHVA RAM AGED ABOUT 53
     YEARS, S/O SH. PARMA NAND,
     R/O VILLAGE & P.O. KUTHAR,
     TEHSIL   KASAULI,  DISTRICT
     SOLAN, H.P.


                                                         ...PETITIONER
     (SH. SANJEEV BHUSHAN, SR.
     ADVOCATE WITH MR. RAJESH
     KUMAR, ADVOCATE)


     AND

1.   STATE OF HIMACHAL PRADESH
     THROUGH           PRINCIPAL




     SECRETARY (EDUCATION) TO
     THE     GOVERNMENT       OF





     HIMACHAL PRADESH.
2.   DIRECTOR     OF     HIGHER
     EDUCATION, GOVERNMENT OF





     HIMACHAL PRADESH, SHIMLA
                                             ...RESPONDENTS
     (SH. ASHOK SHARMA, A.G.
     WITH SH. RAJINDER DOGRA, SR.
     ADDL. A.G., VINOD THAKUR,
     ADDL. AG).

     This Petition coming on for orders this day, the Hon'ble Mr.
     Justice Tarlok Singh Chauhan, 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 appropriate writ, order or direction may very

kindly be issued and impugned order (Annexure P-1) dated 29.04.2022 may very kindly be quashed and set aside, with further direction to the respondents to allow the petitioner to continue serving at GSSS Kunihar (Solan),

in the interest of law and justice.

2. Record reveals that the transfer of the petitioner has

been effected on the basis of the recommendations made by a

person, who 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 this Court in CWP No. 2862 of 2021, titled as

Vipender Kalta, vs. State of H.P., decided on 20.07.2021.

2. Accordingly, the present petition is allowed and the

impugned transfer order dated 29.04.2022 (Annexure P-1) is

quashed and set aside.

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

                                                         (Tarlok Singh Chauhan)
                                                                   Judge


                                                      (Chander Bhusan Barowalia)
         rd
    23        May, 2022                                         Judge
              (sanjeev)