Himachal Pradesh High Court
Decided On 11Th November 2024 vs State Of Himachal Pradesh And Another on 11 November, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:11113
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 7373 of 2023
Decided on 11th November 2024
Jai Parkash
...Petitioner
Versus
State of Himachal Pradesh and another
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
1
Whether approved for reporting?
For the petitioner: Mr. Desh Raj Thakur, Advocate.
For the respondents: Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has
challenged the transfer order dated 30.09.2023 (Annexure P-1), in
terms whereof, the petitioner was transferred from Darlaghat to
Mandi after a short stay of 4 months.
2. The case of the petitioner is that he was serving as an
Assistant Professor at Chaura Maidan Shimla, when he was
transferred to Darlaghat in the month of March, 2023. He joined at
Darlaghat and after a short stay of about 6 months, he was
transferred vide impugned notification dated 30.09.2023 to Mandi
without allowing him to complete his normal tenure at Darlaghat.
Learned counsel for the petitioner submits that the transfer of the
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petitioner without allowing the petitioner to complete his normal
tenure was allegedly on the basis of order dated 25.09.2023, passed
by this Court in CWP No.4501 of 2023. He further submits that the
there was no direction of any kind passed by this Court in its order
dated 25.09.2023, which could have resulted in the transfer of the
petitioner from Darlaghat to Mandi. He further submits that therein
the issue involved in CWP No.4501 of 2023 which was relating to
the withdrawal of NCC activity in the Vallabh Government College
Mandi, District Mandi, H.P., relating to NCC cadets. The writ petition
was ultimately decided by the Court on 31.10.2023 by quashing the
order so passed by the Commanding Officer with a direction to the
respondents to continue the NCC activities in Vallabh Government
College, Mandi, District Mandi, H.P., and, therefore also, the
impugned transfer order, which was passed by the Authority in the
garb of the order so passed by this Court in CWP No.4501 of 2023
is not sustainable, as the petitioner was transferred without allowing
him to complete his normal tenure at Darlaghat. Accordingly, learned
counsel has prayed that the petition be allowed and the transfer
order be quashed and set aside.
3. Learned Additional Advocate General has drawn the
attention of the Court to the reply filed by the State and has
submitted that besides the fact that the petitioner was transferred to
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Mandi to restore the NCC activities in the College concerned, the
petitioner being a State Cadre employee and a Class-I cannot insist
upon him being stationed a particular station only. He has further
submitted that as the petitioner has been transferred in
administrative exigency, therefore, the petition being devoid of any
merit is liable to be dismissed.
4. I have heard learned counsel for the parties and have
also carefully gone through the pleadings as well as documents on
record.
5. A perusal of the impugned notification demonstrates
that the petitioner was transferred from Darlaghat to Vallabh
Government College Mandi by referring to order dated 25.09.2023
passed by this Court in CWP No.4501 of 2023, titled as
Parents Teacher Association-Vallabh Government College, Mandi
versus Union of India and others. This order, which has been made
available for the perusal of this Court, reads as under:-
"The Court had discussion with the Officiating
Group Commander as well as the Secretary (Education)
to the Government of Himachal Pradesh.
A joint request has been made by the
respondents that hearing of the case be deferred by
about two weeks, so that in the interregnum the parties
can discuss the matter and resolve the issue. Ordered
accordingly.
As prayed for, list on 04.10.2023. Respondents
need not to remain present on the next date of hearing."
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6. In fact, the order that was passed by this Court on
25.09.2023, nowhere contained any whisper or observation with
regard to the transfer of some incumbent to Vallabh Government
College, Mandi, H.P., so as to entail the transfer of the petitioner on
that count. Another fact, which is relevant to be mentioned that this
stage is that there is no dispute at least qua this fact that the
petitioner had joined at Darlaghat only in the month of March, 2023.
The judgment, which was ultimately passed in CWP No.4501
of 2023 (supra) on 31.10.2023, was also limited to the quashing of
the order that was passed by the Commanding Officer relating to
Vallabh Government College, Mandi, H.P. Now, in view of the fact
that the petitioner at no time was posted at Government Vallabh
College, Mandi, H.P., it is not understood as to how the pendency of
this said writ was attracted by the respondents to transfer the
petitioner from Darlaghat to Mandi. The transfer order, thus, of the
petitioner indeed is arbitrary and not sustainable in the eyes of law.
In fact, the operation of the transfer order was stayed by this Court
on 06.10.2023 and practically the petitioner is continuing at
Darlaghat only and he has never joined at Vallabh Government
College Mandi. Therefore, as this Court does not finds any cogent
reason leading to the issuance of the transfer order, this writ petition
is allowed by setting aside the impugned notification dated
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30.09.2023 with the direction the respondents to allow the petitioner
to complete reasonable tenure at Darlaghat keeping in view the fact
that he is a Class-I Officer.
(Ajay Mohan Goel)
Judge
November 11, 2024
(Vinod)
