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2025 DAILYLAW 17269 (HP)

MALA KUMARI v. THE STATE OF HP AND OTHERS

CWP/9736/2025 · 2025-06-17

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9736 of 2025 Date of decision: 17.06.2025 Mala Kumari. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner has grievance to the office orders dated 30.05.2025 (Annexure P-5) as also 10.06.2025 (Annexure P- 6). In terms of impugned office order dated 10.06.2025, the petitioner, a newly promoted Kanungo, has been shown to be temporarily deployed at Director of Land Records Office, Shimla, till further orders and her pay is to be drawn against vacancy of Kanungo in Field Kanungo Circle, Chirgaon, Tehsil Chirgaon, District Shimla. 2. The matter was heard in the forenoon session, when learned Senior Counsel for the petitioner highlighted 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 the fact that the petitioner serving as Patwari at Patwar Circle Kelvi, Tehsil Theog, District Chamba, was promoted as Kanungo on 11.04.2025. A separate office order was issued on 23.05.2025 by the Deputy Commissioner, Shimla, posting the petitioner as Kanungo Peshi Muhrer, District Headquarter, Shimla. Pursuant to that petitioner joined as Kanungo Peshi Muhrer, District Headquarter, Shimla on 30.05.2025. She is, statedly, still serving at the said station. However, vide another office order issued on 30.05.2025, observation was made by Deputy Commissioner, Shimla, that posting order of the petitioner and one another person would be issued separately, whereafter, another office order was issued on 10.06.2025, showing revised place of posting of the petitioner as ‘Kanungo temporarily deployed at DLR Office Shimla till further orders and that her pay would be drawn against the vacancy of Kanungu in FKC, Chirgaon, Tehsil Chirgaon, District Shimla’. 3. Taking note of the fact that petitioner had been promoted as Kanungo on 11.04.2025 and posted as such in the office of Deputy Commissioner, Shimla, on 08.05.2025, which was further specified under office order dated 23.05.2025 as Peshi Muhrer, District Headquarter, Shimla, 3 where the petitioner joined as such on 30.05.2025, learned Additional Advocate General was directed to have instructions as to why the petitioner was shown as ‘temporarily deployed at DLR Office, Shimla, till further orders and her pay is to be drawn against vacancy of Kanungo in FKC, Chirgaon, Tehsil Chirgaon, District Shimla’. 4. When the matter was taken up in the afternoon session, learned Additional Advocate General on the basis of instructions imparted to him submitted that the post of Kanungo would actually fall vacant in the office of Deputy Commissioner, Shimla, on 31.08.2025; It is for this reason the petitioner has been temporarily deployed at DLR Office, Shimla and her salary has been ordered to be drawn against the vacancy of Kanungu in FKC, Chirgaon, Tehsil Chirgaon, District Shimla; But w.e.f. 31.08.2025, a separate order will be issued for permanent deployment/posting of the petitioner in the office of the Deputy Commissioner, Shimla and her salary would also be drawn against that vacancy w.e.f. 31.08.2025; Till such time, petitioner would be allowed to continue to serve at DLR Shimla. 4 Learned Senior Counsel for the petitioner submits that in terms of above instructions, the grievance of the petitioner has been redressed. 5. Taking note of above submissions, the present writ petition is disposed of with direction to the respondents to issue necessary & appropriate order(s) as per their submissions recorded in para 4 above. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua 17th June, 2025 Judge (Pardeep)