Pradeep Sharma vs State Of H.P. & Anr
2023 Latest Caselaw 17572 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH
                             AT SHIMLA
                                       CWP No.8595 of 2023
                                       Decided on: 6th November, 2023
    ____________________________________________________




                                                                          .
    Pradeep Sharma                              ....Petitioner





                                              Versus





    State of H.P. & anr.                                                 ....Respondents

    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge
    1 Whether approved for reporting?




    For the petitioner


    For the respondents
                       r                to:


                                          :
                                               Mr.   Tara
                                               Advocate.

                                               Mr. Vishal Panwar,
                                                                      Singh          Chauhan,


                                                                                     Additional

                                               Advocate General.


    Ranjan Sharma, Judge (Oral)

Notice. Mr. Vishal Panwar, learned Additional

Advocate General, appears and waives service of notice on

behalf of the respondents.

2. The petitioner has filed the instant writ petition,

seeking following reliefs:-

"i. That the impugned transfer order dated 31.10.2023 (Annexure P-6) may kindly be quashed and set aside.

ii. That the respondent may be directed to decide

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

the statutory representation of the petitioner (Annexure P-5) and the petitioner may be posted to Veterinary Hospital Chakkoh or Veterinary Hospital Sawarghat against any vacant post."

3. The only grievance of the petitioner is that the

.

petitioner is a Veterinary Officer (Class-I) and has been

transferred from Bhangrotu District Mandi to Central

Veterinary Dispensary Narla Chowk, District Mandi, with

TTA/JT, on 31st October, 2023 (Annexure P-6).

4. Mr. Tara Singh Chauhan, learned counsel for

the petitioner submits that the petitioner has served in tribal

area at Spillow, District Kinnaur, from 2014 to 2017. He

submits that once the petitioner has served in the tribal area

then, the petitioner cannot be resent to the

tribal/difficult/hard/rural areas in terms of Clause 12 & 16

of the transfer guidelines issued by the State Government,

without sending these incumbents who have never served

such tribal/difficult/hard/rural areas even once; despite

such incumbents being available is arbitrary, discriminatory,

unreasonable, vitiated by legal malafides and is thus violative

of Articles 14 & 16 of the Constitution of India.

5. Faced with this situation Mr. Vishal Panwar,

learned Additional Advocate General, submits that the

respondents shall consider the case of the petitioner, in case

the petitioner moves the respondent by way of a

.

representation in terms of existing norms/guidelines

pertaining to transfers.

6. That being so, this Court permits the petitioner

to make a representation to the Principal Secretary (Animal

Husbandary) within one week from today; with further

directions to the aforesaid Respondent-Authority to consider

the same and pass appropriate orders in the light of

Clauses 12 & 16 of the Transfer Policy without any

discrimination to the Petitioner, in view of the mandate of law

passed by this Court in CWP No.1105 of 2006, titled as

Sushil Sharma, Head Teacher versus State of H.P. &

others, decided on 27.08.2007. This Court hopes and trusts

that the Respondents shall abide by the mandate of law and

the provisions and guidelines/policy and pass a speaking

order within three weeks thereafter.

5. In the facts and circumstances of the instant case,

the petitioner has made a prima facie case, for grant of

interim protection. In these circumstances, the operation of

the Notification dated 31.10.2023 (Annexure P-6),

transferring the petitioner from CVD Narla Chowk, District

Mandi to VH Chattari, District Mandi shall stand stayed, qua

.

the petitioner, in case, the petitioner has not been relieved

and the substitute-respondent No.2 has not joined in his

place as on filing of writ petition i.e. on 03.11.2023.

In aforesaid terms, the writ petition as well as

the pending miscellaneous application(s), if any, shall also

r to stand disposed of, accordingly.

(Ranjan Sharma) Judge

November 06, 2023 (shivender)