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2025 DAILYLAW 17398 (HP)

TULA RAM v. STATE OF HP AND ANOTHER

CWP/7510/2024 · 2025-07-22

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7510 of 2024 Decided on: 22nd July, 2025 ------------------------------------------------------------------------------------- Tula Ram …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ashir Kaith, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Respondents have not filed reply, however, learned Assistant Advocate General has placed on record office instructions dated 17.04.2025. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner is a Junior Technician (Work Inspector). He preferred this writ petition against office order dated 27.07.2024 (Annexure P-1), whereby he was transferred from HPPWD Division Thalout to HPPWD B&R 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Division Sarkaghat. Under interim order passed in this matter on 31.07.2024, operation of the impugned order was stayed. 4. As per the office instructions dated 17.04.2025 placed on record by the respondents, the petitioner is working as Junior Technician, a Class-III post, but falls in the State cadre. He has completed normal tenure at his present place of posting, i.e. HPPWD Division Thalout, where he was posted on 25.04.2022. The instructions, however, are also to the effect that petitioner’s transfer under the impugned office order was on the basis of D.O. Note dated 16.07.2024. 5. Taking note of the above facts and the submissions urged by learned counsel for the parties, this writ petition is allowed. Impugned office order dated 27.07.2024 (Annexure P-1), issued by the respondents only on the basis of D.O. note without any independent application of mind, is quashed and set aside. In the given facts, the respondents shall be at liberty to consider the case of the petitioner for transfer afresh in accordance with law after independent application of mind. 3 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 22, 2025 Judge Mukesh