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2025 DAILYLAW 12950 (HP)

CHANDER MANI v. THE STATE OF HP AND OTHERS

CWP/7122/2025 · 2025-05-09

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7122 of 2025 Decided on: 9th May, 2025 _________________________________________________________________ Chander Mani ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. C.S.Thakur, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Following order was passed in the matter on 01.05.2025:- “Notice. Mr. Sikandar Bhushan, learned Deputy Advocate General, accepts service of notice on behalf of the respondents. 2. Petitioner is a regular Class-IV employee of the respondent Jal Shakti Vibhag. He has been transferred from Jal Shakti Vibhag Sub Division Rajgarh, District Sirmour to Jal Shakti Vibhag Sub Division Chandol. 3. Learned counsel for the petitioner inviting attention to Annexure P-1 submits that petitioner has 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - been transferred on the basis of a D.O. note. Learned counsel further stated that petitioner has completed his normal tenure at his present place of posting. It was, however, submitted that petitioner is facing certainly adverse family circumstances inasmuch as his wife is suffering from Cancer and is under treatment from PGI Chandigarh; Petitioner has to take his wife to GPI Chandigarh frequently, whereas under the impugned transfer order, he has been transferred to a place which is about 80 K.M from his native place. Being a Class-IV employee, it would be difficult for him to discharge his family obligations while posting at Jal Shakti Vibhag Sub Division Chandol. Learned counsel for the petitioner submits that the petitioner would be satisfied in case petitioner is considered for transfer to a station mentioned in para- 8(j) of the petition. 4. In view of above, let learned Deputy Advocate General to have instructions about posting of the petitioner at any one of the stations indicated by him in this petition. List on 09.05.2025. Till the next date of hearing, petitioner shall not be compelled to join at the transferred station. CMP No.9197/2025 Application is deposed of with a direction to the applicant to file English translation of the documents in issue before the next date of hearing.” 2. Learned Deputy Advocate General has placed on record office instructions dated 08.05.2025 from the Executive Engineer, Jal Shakti Vibhag, Division Rajgarh, - 3 - District Sirmour, H.P. Respondents in these instructions have conveyed that they are ready to adjust the petitioner at Rehari-Gusan, District Sirmour, H.P. 3. Learned counsel for the petitioner submits that petitioner is agreeable for his adjustment at Rehari-Gusan. Learned Deputy Advocate General states that necessary order qua petitioner’s transfer at Rehari-Gusan, would be issued within next two working days. 4. In view of above, the writ petition is disposed of taking note of office instructions dated 08.05.2025 and submissions made by learned counsel for the petitioner and learned Deputy Advocate General. Till issuance of the order on the aforesaid basis, interim arrangement as ordered on 01.05.2025 to continue. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge May 9, 2025 R.Atal