Himachal Pradesh High Court
Kishori Lal vs State Of Himachal Pradesh & Ors on 19 February, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.1106 of 2024
Decided on: 19.02.2024
_______________________________________________________
.
Kishori Lal ....Petitioner
Versus
State of Himachal Pradesh & ors. ....Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Vacation Judge
1 Whether approved for reporting? No
For the petitioner : Mr. Virender Kumar Sharma,
r Advocate.
For the respondents : Mr. Ramakant Sharma,
Additional Advocate General
with Ms. Priyanka Chauhan
and Mr. Rohit Sharma, Deputy
Advocate General.
Ranjan Sharma, Vacation Judge (Oral)
Notice. Mr. Rohit Sharma, learned Deputy
Advocate General, appears and waives service of notice on
behalf of the respondents.
2. With the consent of the parties, the instant writ
petition is taken up for disposal, at this stage, in view of
the peculiar facts as borne out from the pleadings.
Whether reporters of Local Papers may be allowed to see the judgment?
3. The petitioner, working as Senior Assistant, has
filed the instant writ petition with the following prayer(s):-
"i) Issue a writ of certiorari to quash
.
Annexure P-1 qua the petitioner.
ii) Issue a writ of mandamus directing the
Respondent authorities to allow the
petitioner to continue at GSSS Bagdhar
District Chamba till the completion of his
normal tenure as per the Transfer Policy
in the interest of justice."
4.
In the background of the reliefs prayed for above,
the petitioner has assailed the order(s) dated 08.02.2024,
Annexure P-1, transferring the petitioner as Senior Assistant
from GSSS Bagdhar, District Chamba, Himachal Pradesh
to NCC Office, Dalhousie, in District Chamba, against
vacancy.
5. The petitioner has assailed the transfer order
dated 08.02.2024, Annexure P-1, on the ground; (i) that the
petitioner has completed only two years and three months
at the present station i.e. GSSS Bagdhar and premature
transfer is not in spirit of Clause 10 of the Transfer Policy; (ii)
transfer of petitioner from establishment of Senior Assistant
in School under respondent No.2 to establishment of NCC
Office Dalhousie, under the NCC Authorities, without seeking
his consent, is not in consonance with law and; (iii) that the
petitioner has certain hardships, therefore, the transfer has
.
adversely affected the petitioner and his family.
6. Per contra, Mr. Ramakant Sharma, learned State
Counsel submits that the transfer has been made just to fill-
up a vacancy. Even if that being so, still, the existing norms
in the transfer policy and the transfer of the petitioner outside
by the petitioner.
r to
the cadre, cannot be made without the consent, as contented
7. In these circumstances, Mr. Virender Kumar
Sharma, learned counsel for the petitioner prays for and is
granted a week's time to make a detailed representation to the
Respondent No.2-Director of Higher Education, Himachal
Pradesh; with further directions to the aforesaid respondent
to consider/examine the representation and to pass
appropriate orders in the matter within two weeks thereafter.
8. Till the decision of the representation, the
impugned order dated 08.02.2024, Annexure P-1,
transferring the petitioner from GSSS Bagdhar, District
Chamba, Himachal Pradesh to NCC Office, Dalhousie, in
District Chamba, shall remain stayed. Respondents are
directed to permit the petitioner to continue as Senior
Assistant at GSSS Bagdhar.
.
9. Needless to say that, this Court has not adverted
to the rival contentions and merits of the matter and all
questions of facts and law are left open.
In aforesaid terms, the writ petition as well as the
pending miscellaneous application(s), if any, shall also stand
disposed of, accordingly.
(Ranjan Sharma)
February 19, 2024 Vacation Judge
(himani)
