Years vs State Of H.P. And
2022 Latest Caselaw 8585 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                            .

                  ON THE 17th DAY OF OCTOBER, 2022.

                               BEFORE





            HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

                                  &

                 HON'BLE MR. JUSTICE VIRENDER SINGH





                 CIVIL WRIT PETITION NO.6573 OF 2022.

           Between:-

           TARA DEVI W/O SHRI RATTAN SINGH AGED 43

           YEARS, RESIDENT MATELA, P.O. SHAWAGA,
           TEHSIL KAMAROO, DISTRICT SIRMOUR,
           HIMACHAL PRADESH.


                                      .....PETITIONER.

           ( BY SH. YASHWARDHAN CHAUHAN, ADVOCATE)




           AND





    1.     STATE OF H.P. THROUGH PRINCIPAL
           SECRETARY EDUCATION, SHIMLA, H.P.





    2.     DIRECTOR ELEMENTARY EDUCATION, HP
           LALPANI, SHIMLA, HP-2.

    3.     DEPUTY DIRECTOR ELEMENTARY EDUCATION,
           DISTRICT SIRMOUR, HP AT NAHAN.

                                         ......RESPONDENTS.

           (BY SH. ASHOK SHARMA, ADVOCATE
           GENERAL WITH SH. RAJINDER DOGRA,
           SENIOR ADDITIONAL ADVOCATE
           GENERAL, SH. VINOD THAKUR, SH. SHIV
           PAL MANHANS, ADDITIONAL ADVOCATE




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         GENERALS, SH. BHUPINDER THAKUR,
         DEPUTY ADVOCATE GENERAL AND SH.
         RAJAT CHAUHAN, LAW OFFICER)




                                                                  .
    __________________________________________________________





                 This petition coming on for admission after notice this day,
    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 grant of the following substantive reliefs:-

"1. Issue a writ of certiorari to quash Annexure P-1 and i.e. impugned transfer order dated 15-09-2022.

2. Issue a writ of mandamus directing the Respondent

authorities not to implement Annexure P-1 i.e. impugned

transfer order dated 15/09/2022.

3. Issue a writ of mandamus directing the respondent authorities to allow the petitioner to work at the present

place of posting."

2. Records produced pursuant to the directions to this

effect go to reveal that the order of transfer has been effected

solely on the basis of the D.O. Note, that too issued by an extra-

constitutional authority. Obviously, in such circumstances, the order

of transfer cannot sustain in view of the detailed reasons given by

this Court in an earlier judgment rendered in CWP No. 2862 of

2021, titled Vipender Kalta vs. State of H.P. and

others, decided on 20.07.2021.

3. Consequently, the instant petition is allowed and the

impugned transfer order dated 15.09.2022 (Annexure P-1) is

.

quashed and set aside, leaving the parties to bear their own costs.

4. Since the petitioner has completed his normal tenure of

service at the given station, therefore, it shall be open to the

respondents to transfer the petitioner in accordance with the

Comprehensive Guiding Principles as well as Executive Instructions,

if any, issued by the Government, for regulating the transfer of the

state government employees

5. Pending application, if any, also stands disposed of.

(Tarlok Singh Chauhan) Judge

(Virender Singh)

Judge 17th October, 2022.

(krt)