Dugra Dass Chandel vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 17371 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH
                             AT SHIMLA
                                                               CWP No.8355 of 2023
                                               Decided on: 2nd November, 2023




                                                                          .
    __________________________________________________________





    Dugra Dass Chandel
                                                     ....Petitioner
                               Versus





    State of Himachal Pradesh and others
                                                ......Respondents
    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge





    1 Whether approved for reporting?


    For the petitioner:                   Mr. Vinay Mehta, Advocate.
    For the respondents:                  Mr. B.C Verma, Additional Advocate

                                          General.

    Ranjan Sharma, Judge (Oral)

Mr. B.C Verma, learned Additional Advocate General

appears and waives service of notice on behalf of

respondents.

2. In the peculiar facts of the case and the nature

of the order which is sought to be passed, this Court

dispenses with the filing of the reply in the instant case.

3. The petitioner being an Agriculture Development

Officer (Class-I Gazetted) has come up before this Court

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

assailing the transfer orders dated 18.10.2023, Annexure-

P-1, transferring him from Development Block,

Sundernagar, District Mandi to Development Mehla (Circle

.

Mangla, District Chamba) with TTA/ JT. The transfer has

been assailed on the ground that; (i) petitioner has

completed only 11 months of stay; (ii) transfer is on the

basis of DO No. 71977 dated 28th September, 2023; (iii)

respondent No. 1-Secretary Agriculture has issued a

notification on 18.10.2023, (which is taken on record)

whereby, one Sh. Upinder Chaudhary, ADO, has been

posted in Development Block Mehla (Circle Mangla, District

Chamba) i.e. the place to which petitioner was transferred

so as to render the petitioner without a posting.

4. Learned counsel for the petitioner submits that

he has made a representation on 20th October, 2023,

Annexure-P-2, pointing out his grievances against transfer.

The aforesaid representation is pending and has not been

decided as yet.

5. Per contra, the learned State counsel submits

that the representation dated 20th October, 2023,

Annexure-P-2, has been made to the Director Agriculture

whereas, the appointing/ transferring authority, is the

respondent No. 1-Principal Secretary (Agriculture) to

.

Government of Himachal Pradesh.

6. Mr. Vinay Mehta, Advocate, fairly submits that

the petitioner stands relieved on the basis of transfer

notification dated 18.10.2023, Annexure-P-1, and the

substitute has also joined in his place. In this background,

this Court is not inclined to give any interim protection,

qua transfer, to the petitioner.

7. Be that as it may, this Court directs the

Principal Secretary (Agriculture), to the Government of

Himachal Pradesh to decide the representation dated

20th October, 2023 (Annexure P-2), within four weeks from

today. The petitioner, if so desires, may submit

supplementary representation, ventilating additional

hardships, grievances, if any, within ten days, from today

to the Principal Secretary-Respondent No. 1 as aforesaid;

with further directions to the aforesaid Respondent to

decide the same and pass appropriate orders, in the

light of transfer guidelines and in accordance with law.

8. At this stage, learned counsel for the petitioner

submits that as per notification dated 18.10.2023,

.

Annexure-P1, the petitioner was transferred from

Development Block Sundernagar, District Mandi to

Development Block Mehla (Circle Mangla, District

Chamba), but the respondent No. 1 has posted another

incumbent namely Sh. Upinder Chaudhary in Development

Block Mehla r (Circle Mangla, District Chamba) on

18.10.2023. In these circumstances, learned counsel for

the petitioner submits that the petitioner has been

rendered without posting as on day. In these

circumstances, this Court directs that the period of

"compulsory waiting" from the date of relieving of the

petitioner on the basis of notification dated 18.10.2023,

Annexure-P-1, till the redressal of his grievances and

passing of appropriate orders on his representation, shall

be treated as compulsory waiting period for which the

petitioner is entitled to all service benefits including salary

etc. for this period. In view of this, the matter stands

disposed of.

In the aforesaid terms, the instant writ-petition

as also the pending application(s), stand disposed of.

.

                                              (Ranjan Sharma)
                                                   Judge





         November 02, 2023
             (Sunil)




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