Arjun Singh vs State Of H.P. & Ors
2023 Latest Caselaw 13274 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.6264 of 2023 Decided on: 11th September, 2023 _________________________________________________________________

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    Arjun Singh                                                              ....Petitioner





                                       Versus





    State of H.P. & Ors                                                      ...Respondents

_________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner:r Mr. Sat Prakash, 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 for respondents No. 1 to 3.

______________________________________________________________

Jyotsna Rewal Dua, Judge

Notice confined to respondents No. 1 to 3, which

is accepted by Mr. Sumit Sharma, learned Deputy Advocate

General.

2. Heard.

3. The petitioner, a Lecturer (School New), has come

up against office order dated 31.08.2023, whereunder, he has

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

been transferred from GMSSS Mehla, Chamba to GSSS

Manjeer, District Chamba, H.P. vice Sh. Yoigraj (respondent

No.4). Learned counsel for the petitioner submitted that the

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petitioner has completed his normal tenure at GMSSS Mehla,

District Chamba, where he had joined on 28.06.2020. It was

further pointed that GMSSS Mehla falls under sub-cadre

area, therefore, the petitioner was entitled to be transferred

to a soft area of his choice in terms of the Transfer Policy.

4. Learned counsel for the petitioner submitted that

the petitioner would be content in case, he is permitted to

make a representation to respondent No.2 /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.

5. In view of the above submissions, this writ

petition is disposed of by permitting the petitioner to make a

representation to respondent No.2/competent authority

within one week from today, which shall be considered and

decided by respondent No.2/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. Till such time, the petitioner

shall not be compelled to join at the transferred station and

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he may avail leave of the kind due. However, the protection

available to the petitioner in this order shall stand

automatically vacated, in case the representation is not

preferred by him within the indicated time line.

Pending miscellaneous application(s), if any, also

to stand disposed of.

Jyotsna Rewal Dua Judge September 11, 2023 R.Atal