Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 14802 (HP)

PREM LAL v. THE STATE OF HP AND OTHERS

CWP/8254/2025 · 2025-05-19

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8254/2025 Decided on: 19.05.2025 Prem Lal …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Tanuj Thakur, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No. 1 to 3. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of respondents No.1 to 3. In view of the nature of the order being passed hereinafter, reply is not required to be called from respondents No.1 to 3. Notice is also not required to be issued to respondent No.4. With the consent of learned counsel of the parties, the matter is heard at this stage. 2. Petitioner was serving as Patwari at Patwar Circle Bonderi, Tehsil Churah, District Chamba. He was posted at the said station in March, 2023. Petitioner was promoted as Kanungo and on 1 Whether reporters of the local papers may be allowed to see the judgment? 2 promotion he was transferred under order dated 01.05.2025 to Sub Tehsil Sahoo, District Chamba. Petitioner, however, was not relieved from Bonderi by the respondents/competent authority. A fresh transfer order was issued by the respondents/competent authority on 13.05.2025 (Annexure P-2) now transferring the petitioner from Patwar Circle Bonderi, Tehsil Churah to Tehsil Office Pangi as Office Kanungo. Petitioner has grievance to the aforesaid transfer order, which was again reiterated in office order dated 16.05.2025 (Annexure P-3). Learned counsel for the petitioner contends that the petitioner has been transferred to Pangi a hard/tribal area, whereas he has already served his requisite tenure at the hard/tribal area at Bonderi, District Chamba. That the petitioner though was initially transferred on 01.05.2025 (Annexure P-1) to Sub Tehsil Office Sahoo, Tehsil & District Chamba, consequent upon his promotion as Kanungo but under the impugned orders dated 13.05.2025 and 16.05.2025, he has now been transferred to Pangi. That having already served in hard/tribal area for the requisite tenure, the petitioner cannot be now again sent to hard/tribal area. That the petitioner would like to be transferred to a station of his preference in accordance with applicable Transfer Policy. 3. Taking note of the facts as have come out in the petition, submissions made by learned counsel for the petitioner, without 3 interfering the transfer of respondent No.4 to the place of petitioner, this writ petition is disposed of by permitting the petitioner to prefer a representation to the respondents/competent authority within one week, seeking his suitable transfer, who shall in turn, consider and decide the same, in accordance with law and in terms of applicable Transfer Policy, within a further period of one week. The order so passed be also communicated to the petitioner. Till such time, the petitioner shall not be compelled to join at the transferred station and he may avail the leave of kind due. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 19th May, 2025(rohit)