Sh. Harish Kumar vs State Of Himachal Pradesh & Ors
2023 Latest Caselaw 15268 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                            CWP No.7289 of 2023
                            Date of decision: 04.10.2023




                                                                           .

    Sh. Harish Kumar                                                   ....Petitioner
                                           Versus





    State of Himachal Pradesh & Ors.                                 ....Respondents





    Coram
    The Hon'ble Mr. Justice Sandeep Sharma, J.

Whether approved for reporting ?1 ___________________________________________________ For the Petitioner:

r Mr. C.N.Singh and Mr. Devender Kumar Sharma, Advocates.

For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General.

Sandeep Sharma, Judge(Oral):

Having taken note of the fact that petitioner has

already completed his normal tenure at present place of posting,

there appears to be no justification for this Court to interfere with

transfer order dated 27.09.2023 (Annexure P-4), issued under

the signatures of Engineer-in-Chief, Jal Shakti Vibhag, (MZ),

Mandi, whereby petitioner has been ordered to be transferred

from the office of Chief Engineer, Jal Shakti Vibhag (MZ) Mandi

to the office of Jal Shakti Circle Reckong Peo.

2. However, having taken note of the fact that

petitioner has been transferred from the present place of posting 1 Whether the reporters of Local Papers may be allowed to see the judgement?

with a view to adjust respondent No.5, Sh.Sunil Dutt, JOA (IT),

who was initially transferred to Jal Shakti Circle Reckong Peo,

.

District Kinnaur from Jal Shakti Circle Nahan, coupled with the

fact that no person has been posted till date against the

petitioner at Jal Shakti Vibhag (MZ) Mandi, this Court disposes

of the present petition, reserving liberty to the petitioner to file

representation to the authority concerned, praying therein for

cancellation of transfer order or adjustment at some suitable

place within one week, which in turn shall be decided by the

competent authority, expeditiously, preferably, within two weeks,

in accordance with Clause 5.4 of the Transfer Policy, which

provides for adjustment of couples and taking into consideration

the judgment passed by Hon'ble Supreme Court in case titled

Sk. Nausad Rahaman and others vs. Union of India & ors.

(2022) 12 SCC, whereby direction came to be issued to Govt. of

Kerla to revisit policy to accommodate the posting of spouses,

disabled persons or compassionate transfers, bearing in mind

need for proportional relationship. The competent authority while

considering the representation of the petitioner shall take into

consideration the fact that the wife of the petitioner is working as

Computer Operator at District Treasury Office, Mandi and has

delivered the child in the month of June, 2023. Needless to say,

authority concerned while doing the needful, shall afford an

opportunity of hearing to the petitioner and thereafter pass

detailed speaking order. Liberty is reserved to the petitioner to

.

file appropriate proceedings in appropriate court of law, if he still

remain aggrieved. Till the representation, if any, filed by the

petitioner, is not decided by the competent authority, transfer

order, as detailed hereinabove, shall remain stayed qua the

petitioner.

Pending application(s), if any, also stand disposed

of.

(Sandeep Sharma) Judge

4th October, 2023 (reena)