Ram Dayal vs State Of H.P & Others
2023 Latest Caselaw 4188 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                             CWP No. 1948 of 2023
                        Decided on: 18th April, 2023
    ____________________________________________________




                                                                          .
    Ram Dayal                                   ....Petitioner.





                                        Versus
    State of H.P & Others                  .....Respondents.





    _____________________________________________________
    Coram

    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
    The Hon'ble Mr. Justice Virender Singh, Judge





    Whether approved for reporting? 1 No.

    For the petitioner:                        Ms. Shashi Kiran and Ms. Seema
                        r                      Azad, Advocates.

    For the respondents:                       Mr. Anup Rattan, Advocate General
                                               with Mr. I.N Mehta and Mr.
                                               Yashwardhan      Chauhan,     Senior
                                               Additional Advocate Generals, Mr.


                                               Ramakant      Sharma,       Additional
                                               Advocate General and Ms. Priyanka
                                               Chauhan, Deputy Advocate General
                                               for respondents No. 1 to 3.




                                               Mr. Aman Parth Sharma, Advocate,





                                               for respondent No.4.





    Tarlok Singh Chauhan, Judge (oral)

Aggrieved by the order of transfer, the petitioner

has filed the instant petition for grant of the following

substantive reliefs:

"i) That impugned transfer order dated 5.4.2023 (Annexure P-1) qua the petitioner may kindly be

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

quashed and set aside.

(ii) That the respondent No.1 may be directed to allow the petitioner to continue as peon at Government Senior Secondary School Aproon, Tehsil

.

Pachhad, Sirmaur, Himachal Pradesh."

3. A perusal of the records produced by the respondent-

state pursuant to the order passed by this Court on 12.04.2023,

goes to indicate that the transfer of the petitioner has been

effected solely on the basis of a D.O. Note, that too, issued

by an extra constitutional authority. Therefore, in such

circumstances, the impugned order of transfer

cannot sustain, more particularly, as already assigned

by this Court in case titled Vipender Kalta vs.

State of H.P. and others, 2021 (3) SLC 1462.

4. Consequently, the writ petition is allowed and the order

of transfer dated 05.04.2023 (Annexure P-1) qua the petitioner is

quashed and set aside.

5. However, it is made clear that in case the

petitioner has completed his normal tenure of service at the present

place of posting, it shall be open for the official-respondent to

transfer the petitioner in future in accordance with

law.

6. As regards the private respondent, it is submitted that

he is suffering from permanent disability to the extent of 40% and

may be permitted to bring these facts to the notice of employer.

7. In the facts and circumstances of the case, we deem it

.

appropriate to accede to such request. Accordingly, private

respondent is permitted to make a representation to the official-

respondent, which in case is made within two weeks from today,

shall be considered by the competent authority within a period of

two weeks from the date of receipt thereof.

Pending applications stand disposed of accordingly.

(Tarlok Singh Chauhan) Judge.

    18th April, 2023                                 (Virender Singh)
    (priti)                                               Judge