Extracted from the PDF above. The PDF is authoritative.
2025:HHC:1825 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7375 of 2024 Decided on: 08.01.2025 Piare Lal … Petitioner Versus State of Himachal Pradesh & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner : Mr. Surya Chauhan, Advocate. For the respondents : Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:-
“a) That the impugned order contained in Annexure P-4, may kindly be deserves to be quashed and set aside. b) That respondent may be directed to allow the petitioner to at present place of posting till his retirement i.e. 30.04.2025.”
2. When the case was liste don 30.07.2024, the following
order was passed:-
“CWP No. 7375 of 2024 Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. As prayed for, reply be filed within a period of four weeks. List on 04.09.2024. CMP No. 12648 of
2024. Notice in above terms.
Learned Counsel for the petitioner submits that though the petitioner has completed his normal tenure at the present place of posting but as he has to superannuate in 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:1825 the month of April, 2025 and thus left less then ten months to retire, his transfer is not in consonance with the Transfer Policy of the State. He further submits that as none has been transferred in place of the petitioner, therefore, it would be in the interest of justice in case till further orders the operation of the impugned transfer order is stayed. In view of the submission made by learned Counsel for the petitioner, the operation of office order dated 24.07.2024 is stayed till further order. The respondents shall maintain status quo ante as it existed before passing of the impugned order dated 24.07.2024.
Learned Counsel for the petitioner, at this stage, submits that the petitioner has already been relieved. Be that as it may, as this Court has stayed the operation of the transfer order itself, the respondents shall allow the petitioner to discharge his duty as a Lecturer/Lecturer (SN) History at GSSS, Siun, Surhar, Bilaspur.”
3. In the light of the fact that the petitioner is to superannuate in the month of April, 2025, this petition is disposed of by quashing the transfer orders of the petitioner and by issuing a direction to the respondents to allow the petitioner to continue to serve at his present place of posting till the date of his superannuation. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge January 08, 2025 (Rishi)