Anand Katoch vs State Of H.P. & Anr
2023 Latest Caselaw 13265 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.6262 of 2023 Decided on: 11th September, 2023 _________________________________________________________________

.

    Anand Katoch                                                             ....Petitioner





                                       Versus





    State of H.P. & Anr                                                      ...Respondents

_________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner:r Mr. Vikas Rathore, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General

with Mr. Rupinder Singh Thakur, Mr. Y.P.S.Dhaulta & Mr. Varun Chandel, Additional Advocates General and Mr. Sumit Sharma,

Deputy Advocate General.

______________________________________________________________

Jyotsna Rewal Dua, Judge

Notice. Mr. Sumit Sharma, learned Deputy

Advocate General, appears and waives service of notice on

behalf of the respondents.

2. Heard.

3. The petitioner is presently serving as Assistant

Engineer, a Class-I post and belongs to State cadre. Vide

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

impugned order dated 31.08.2023 (Annexure P-3), he has

been transferred from HPPWD Division Bhawarna, Kangra to

the office of Engineer-in-Chief, HPPWD. Shimla, against

.

vacancy. The petitioner has questioned the above transfer

order primarily on the ground that he has not completed his

normal tenure at the present place of posting and further

that he is due for superannuation on 31.03.2025.

4. As noticed above, the petitioner is holder of

Class-I post, r therefore, stricto-sensu, his impending

retirement on 31.03.2025, will not in itself be an embargo

against the respondents for transferring him. To a query of

the Court, learned counsel for the petitioner has admitted

that maximum service tenure of the petitioner has been spent

in District Kangra.

5. At this stage, learned counsel for the petitioner

submitted that in view of certain family circumstances,

petitioner would be content in case, he is permitted to make a

representation to respondent No.1/competent authority

seeking his adjustment, whereafter competent authority be

directed to decide the same within a fixed time schedule.

Learned Additional Advocate General is not averse to this

prayer.

6. In view of the above submissions, this writ

petition is disposed of by permitting the petitioner to make a

.

representation to respondent No.1/competent authority

within two days from today, which shall be considered and

decided by respondent No.1/competent authority in

accordance with law and applicable policy, within a period of

ten days thereafter. The decision so arrived at shall also be

communicated to the petitioner.

Pending miscellaneous application(s), if any, also

to stand disposed of.

Jyotsna Rewal Dua Judge September 11, 2023 R.Atal