Himachal Pradesh High Court

Ajay Kumar vs State Of H.P. & Others on 7 May, 2024

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                   CWP No. 3830 of 2024
                                Date of decision : 7th May,2024.




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    Ajay Kumar                                             ..Petitioner
                                   Versus
    State of H.P. & others                                          ...Respondents.





    Coram:
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.





    Whether approved for reporting?1
    For the petitioners              :     Mr.   Sanjeev               Kumar            Motta,
                                           Advocate.

    For the respondents:                   Mr. Amandeep Sharma, Addl. A.G.

                                           for the respondents/State.
                                           Mr. Ankush Dass Sood, Sr.
                                           Advocate with Mr. Arjun Lall,
                                           Advocate for respondent No.4.



    Satyen Vaidya, Judge (Oral):

The petitioner has assailed office order dated

04.05.2024, whereby the petitioner has been ordered to be

transferred from Government Senior Secondary School New

Kangra, District Kangra, H.P. to GSSS Dharogra, District

Shimla.

2. The grievance of the petitioner is that the transfer

order has been effected during continuance of model code of

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

conduct and is thus bad in law. He further submits that the

petitioner has already been deputed on election duty.

3. As regards the illegality in issuance of impugned

order is concerned, the contention raised by the petitioner

requires rejection for the simple reason that the order has been

passed in pursuance to the order passed by this Court in CWP

No. 1949 of 2024, titled as Sandeep Kumar vs. State of H.P. &

others. However, since the petitioner has already been deputed

for election duty, obviously he cannot be relieved either till

lifting of model code of conduct or at an earlier date with the

prior concurrence of the Election Commission.

4. Learned counsel for the petitioner has submitted

that the petitioner's mother is suffering from ailment and as

such he is not in a position to join at the place where he has

been transferred. Petitioner has already completed his normal

tenure at Government Senior Secondary School New Kangra,

District Kangra, H.P. and as regards ailment of his mother, he

is at liberty to approach his employer. No orders are required

to be passed by this Court in the instant petition.

5. On the facts as discussed above, though the

impugned order is not interfered with, however, it is made clear

that the petitioner shall not be relieved till the lifting of model

code of conduct on an earlier date without the concurrence of

the Election Commission.

6. The petition stands disposed of. Pending

applications, if any, also stand disposed of.






                                               (Satyen Vaidya)
     th
    7 May, 2024                                    Judge
       (jai)


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