_______________________________________________________ vs State Of Himachal Pradesh & Others
2025 Latest Caselaw 686 HP

Himachal Pradesh High Court

_______________________________________________________ vs State Of Himachal Pradesh & Others on 8 May, 2025

Author: Sandeep Sharma

Bench: Sandeep Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7603 of 2025 Date of Decision:08.05.2025 _______________________________________________________ Ram Lal .......Petitioner

Versus State of Himachal Pradesh & others ... Respondents _______________________________________________________ Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ganesh Barowalia, proxy counsel vice Mr. Jagat Pal, Advocate.

For the Respondents: Ms. Kiran Dhiman, Advocate. ____________________________________________________ Sandeep Sharma, Judge(oral):

Petitioner herein, who is working as Chowkidar, is

aggrieved of order dated 30.04.2025 (Annexure P-1), issued under

the signatures of Director (South) HPSFDCL, Shimla, Himachal

Pradesh, whereby he has been transferred from Chopal to Sawra,

which is 80 Km from Chopal

2. Precisely, the grouse of the petitioner as has been

highlighted in the petition and further canvassed by learned counsel

for the petitioner, is that though petitioner is due to retire within a

period of one year, but yet in violation of transfer policy, he has been

transferred to far flung area.

Whether the reporters of the local papers may be allowed to see the judgment?

3. While putting appearance on behalf of the respondents,

Ms. Kiran Dhiman, Advocate states that petitioner herein has not

been transferred, rather he has been deployed at Sawra for execution

of some special work. He states that though petitioner shall not be

permanently deployed at Sawra, but on account of the fact that he is

nearing retirement, he can make representation to the competent

authority, which shall be decided by the competent authority in

accordance with law.

4. Having taken note of the fact that petitioner has been not

transferred, but he has been deployed at Sawra for rendering his

services in liquor vend, coupled with the fact that petitioner is due to

retire within a period of one year, this Court without going into the

merits of the case, deems it fit to dispose of the present petition,

reserving liberty to the petitioner to file representation to the

competent authority within a period of three days for adjustment/

cancellation of transfer order, which in turn, shall be decided by the

competent authority within a period of one week. Ordered accordingly.

Needless to say, authority concerned, while doing the needful in

terms of instant order, shall afford an opportunity of hearing to the

petitioner and pass detailed speaking order thereupon, taking note of

the fact that petitioner is due to retire within a period of one year. Till

the time representation, if any, filed by the petitioner within a period of

three days, is not decided by the competent authority, petitioner shall

not be compelled to attend duties at the station of deployment.

Pending applications, if any, also stand disposed of.

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(Sandeep Sharma), Judge May 08,2025 (shankar)