_________________________________________________________________ vs State Of H.P. & Ors
2024 Latest Caselaw 16516 HP

Himachal Pradesh High Court

_________________________________________________________________ vs State Of H.P. & Ors on 5 November, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.12354 of 2024 Decided on: 5th November, 2024 _________________________________________________________________ Yoginder Singh Rawat ....Petitioner

Versus State of H.P. & Ors. ...Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. Peeyush Verma, Sr. Advocate with Mr. Anuj Bali, Advocate.

For the respondents: Mr. Dalip K. Sharma, Additional Advocate General, for respondent No.1.

Mr. Raman Jamalta, Advocate, for repsndent No.2.

                                        Mr. Vivek Sharma,                  Advocate,     for
                                        respondent No.3.


Jyotsna Rewal Dua, Judge

                  Notice.      Mr.      L.N.     Sharma,         learned         Additional

Advocate General, Mr. Raman Jamalta, learned Standing

Counsel and Mr. Vivek Sharma, learned counsel, appear and

waive service of notice on behalf of the respondent No.1,

respondent No.2 and respondent No.3, respectively.

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

2. Petitioner is presently serving as Assistant

Manager in respondent- H.P. State Cooperative Bank, Branch

at Koti, Shimla. His grievance is to the office order dated

05.10.2024 (Annexure P-1), that transferred him to Branch

Office Dodra Kwar, District Shimla, H.P.

3. It is not in dispute that the petitioner is serving at

the present place of posting ever since 2018, where he has

completed six years, therefore, he is liable to be transferred

from Branch Office Koti. The petitioner, however, has

opposed his transfer to Branch Office Dodra Kwar on the

ground that he is facing certain ailments, treatment of which,

according to him, is not possible at Dodra Kwar.

The record shows that petitioner has preferred a

representation dated 05.10.2024 (Annexure P-5), seeking

modification of his transfer order in view of his medical

problems.

4. Learned counsel for the respondent No.2 submits

that this representation has come to the notice of the

respondent on receipt of the writ petition. Be that as it may.

5. In view of the fact that petitioner has already

completed six years at the present place of posting, this writ

petition is disposed of by directing respondent No.2

/Competent Authority to consider and decide the

representation of the petitioner dated 05.10.2024 (Annexure

P-5) in accordance with law and as per applicable transfer

policy within a period of one week from today. The decision

so taken be also communicated to the petitioner.

Pending miscellaneous application(s), if any, also

stand disposed of.

Jyotsna Rewal Dua Judge November 5, 2024 R.Atal