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2025 DAILYLAW 13519 (HP)

RAVINDER KAUSHAL v. STATE OF HP AND OTHERS

CWP/4497/2023 · 2025-03-05

Sandeep Sharma

body2025

Judgment text

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2025:HHC:4922-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.4497 of 2023 Date of Decision: 05.03.2025 _____________________________________________________________________ Ravinder Kaushal ……...Petitioner Versus State of Himachal Pradesh and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aashima Premy, proxy counsel for Mr. Sat Prakash, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. Mr. Rajat Thakur and Ms. Shivani, proxy counsel for Mr. Arun Kaushal, Advocate, for respondent No.4. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein had approached this Court in the instant proceedings challenging the transfer order dated 07.07.2023 (Annexure P-1), whereby he was ordered to be transferred from Gram Panchayat, Bailly to Gram Panchayat Chuhan, Development Block, Bhattiyat, District Chamba, Himachal Pradesh. 2. Having taken note of the fact that petitioner had not completed his normal tenure of posting, Division Bench of this Court vide order dated 13.07.2023, stayed the aforesaid impugned order (Annexure P-1). 2025:HHC:4922-DB 2 3. Pursuant to notices issued in the instant proceedings, respondents No.1 and 2 have filed reply, perusal whereof reveals that petitioner has been working in Gram Panchayat, Bailly, Development Block, Bhattiyat, since his initial appointment. It also emerges from the reply that petitioner has been working at Gram Panchayat, Bailly, w.e.f. 16.06.2021, meaning thereby, that he has already completed his normal tenure of posting and as such, ground raised by him qua his transfer before the completion of normal tenure of posting has seized to exist, but since the petitioner has completed his normal tenure of posting at present place during the pendency of present petition, the same has become infructuous insofar as plea of short stay is concerned. 4. Consequently, in view of the above, present petition is disposed of, with liberty to the respondents to proceed further in the matter as per law. Interim order dated 13.07.2023 stands hereby vacated. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. March 05, 2025. (Sandeep Sharma), Rajeev Raturi Judge