Bhupender Singh vs State Of Himachal Pradesh And Others
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Himachal Pradesh High Court

Bhupender Singh vs State Of Himachal Pradesh And Others on 24 July, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                        CWP No. 7179 of 2024
                                        Decided on 24th July, 2024
    Bhupender Singh
                                                                 ...Petitioner




                                                           .
                               Versus





    State of Himachal Pradesh and others
                                                              Respondents
    Coram





    Hon'ble Mr. Justice Ajay Mohan Goel, Judge
    1
    Whether approved for reporting? No
    For the petitioner:       Mr. Vijay Singh Bhatia, Advocate.

    For the respondents:
                  r           to
                              Mr. Anup Rattan, Advocate General, with
                              Mr. Pushpinder Jaswal, Additional
                              Advocate General.

    Ajay Mohan Goel, Judge (Oral)

Issue notice. Mr. Pushpinder Jaswal, learned

Additional Advocate General, accepts notice on behalf of

respondents.

2. By way of this writ petition, the petitioner has

challenged (Annexure P-1) on the ground that in terms thereof,

the petitioner stands transferred to Keylong, which is tribal area

ignoring the fact that the petitioner has earlier also served in the

tribal area.

3. Having heard learned counsel for the petitioner as

well as learned Advocate General and having perused the

impugned notification, this Court finds that the impugned

notification is not a transfer order. In fact, in terms of this

notification, the petitioner, who is presently serving as a subject

.

matter specialist has been placed against the post of Deputy

Director Agriculture, which is a higher post, than the one being

manned by the petitioner presently and as a result of the said

placement, to the petitioner has been posted in PD ATMA

(Keylong). Learned counsel for the petitioner submits that

interest of justice would be served in case this petition is

disposed of with the direction that though the petitioner in

compliance to notification dated 19.07.2024 shall presently join

at Keylong, but, thereafter as post of Deputy Director

Agriculture shall be falling vacant at Hamirpur and Chamba in

the months of October 2024 and November, 2024, respectively,

the respondents be directed to adjust the petitioner at either of

these two stations.

4. This petition is disposed of with the direction that

until and unless there are serious impediments, the petitioner

be posted either at Hamirpur or at Chamba when the post of

Deputy Director Agriculture becomes available. The

Department may post him at some other station also but with

his consent. The petitioner is directed to move an appropriate

representation in this regard to the authority concerned after 15

.

of August 2024, giving reference therein of the judgment

passed by the Court so that needful can be done by the

Authority.

5. Pending miscellaneous applications, if any, also

stand disposed of accordingly.

(Ajay Mohan Goel) Judge July 24, 2024

(Vinod)