Decided On : 24.08.2024 vs State Of Himachal Pradesh And Others
2024 Latest Caselaw 12280 HP

Himachal Pradesh High Court

Decided On : 24.08.2024 vs State Of Himachal Pradesh And Others on 24 August, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                                                    2024:HHC:7360


             IN THE HIGH COURT OF HIMACHAL PRADESH AT
                                                            SHIMLA
                                                                                  CWP No. 8555 of 2024
                                                                                 Decided on : 24.08.2024




                                                                                              .
    Harikesh Kumar





                                                                                                    ...Petitioner
                                                              Versus





    State of Himachal Pradesh and others.
                                                                                              ...Respondents
    Coram

    Hon'ble Mr. Justice Ajay Mohan Goel, Judge
    Whether approved for reporting?1
    For the petitioner

                                                   :
                                                       to     Mr. Tarun Sharma, Advocate.

    For the respondents :                                     Mr. Pushpinder Jaswal,
                                                              Additional Advocate General, for
                                                              respondents No.1 to 3.


    Ajay Mohan Goel, Judge (Oral)

The petitioner has assailed the transfer order dated

05.08.2024, in terms whereof the petitioner has been

transferred to GPS Kishanpura in Education Block Paonta

Sahib to GPS Shilanji in Education Block Rajgarh.

2. Learned Counsel for the petitioner submits that the

transfer is per se bad as the petitioner has been transferred

from the station after a short stay of four months. However, on

1Whether reporters of the local papers may be allowed to see the judgment?

2024:HHC:7360

a query put to the learned Counsel, he intimates the Court that

the petitioner has been serving either at Kishanpur or at

Manpur Debra since 2015 and these stations are just within a

.

vicinity of 30 Kms from each other.

3. In this view of the fact that as the petitioner has

been serving within a radius of 30 Kms from the last nine years,

this Court does not finds any perversity with the transfer of the

petitioner because his contention that he has been transferred

just after a stay of four months, has no merit as this Court

cannot ignore the fact that the petitioner has been serving

within a radius of 30 Kms from the last nine years. The petition

is accordingly, dismissed. However, as the petitioner has not

been transferred on his request, he be paid TTA/JT as is

admissible to him. Pending miscellaneous application(s), if any,

also stand disposed of.

(Ajay Mohan Goel)

Judge

August 24, 2024 (Shivank Thakur)