Angrup Kesang vs State Of H.P. & Ors
2023 Latest Caselaw 13620 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6412/2023 Decided on: 14.09.2023

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    Angrup Kesang                              ...Petitioner





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

...........................................................................................

Coram Ms Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Tek Chand, Advocate.

For the respondents:

                          r               to  Mr. Anup Rattan, Advocate General
                                              with Ms. Seema Sharma, Deputy
                                              Advocate General.

    Jyotsna Rewal Dua , J

Notice. Ms. Seema Sharma, learned Deputy Advocate

General, appears and waives service of notice on behalf of the

respondents.

2. With the consent of learned counsel for the parties, the

matter is heard at this stage.

3. The petitioner is serving as Patwari and presently

posted at Patwar Circle Shansha District Lahaul & Spiti. Learned

counsel for the petitioner submitted that the petitioner has completed

his normal tenure at the present place of posting. The petitioner

belongs to District Cadre, however, his present place of posting is at

a distance of 300 kms from his native place. Learned counsel further

Whether reporters of the local papers may be allowed to see the judgment?

submitted that the petitioner has preferred a representation dated

18.11.2022 (Annexure P-2) to respondent No.3 for his transfer from

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the present place of posting. Reliance was also placed upon office

order dated 24.11.2022 (Annexure P-3), which is a communication

addressed from the office of respondent No.3-The Deputy

Commissioner to all Sub-Divisional Officer(C), District Lahaul & Spiti,

requiring them to submit detailed information alongwith their

recommendations for transfer of Patwaris, who had desired postings

to stations of their choice. The grievance of the petitioner is that the

said representation made in this regard has not been decided till date

by respondent No.3/competent authority. Learned counsel also

submitted that the petitioner would be content, in case, respondent

No.3/competent authority is directed to consider and decide the said

representation of the petitioner, in a time bound manner.

4. In view of above submission, the instant writ petition is

disposed of by directing respondent No.3/competent authority to

consider and decide the aforesaid representation of the petitioner, in

accordance with law and applicable Transfer Policy, within a period of

three weeks from today. The order so passed be also communicated

to the petitioner. Pending miscellaneous application(s), if any, shall

also stand disposed of.

Jyotsna Rewal Dua Judge 14th September, 2023(rohit)