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2025 DAILYLAW 18063 (HP)

ARUN KUMAR v. THE STATE OF HP AND OTHERS

CWP/10123/2025 · 2025-07-25

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10123 of 2025 Date of Decision: 25.7.2025 _____________________________________________________________________ Arun Kumar ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ashok Kumar, Advocate. For the respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Computer Operator at District Treasury Office, Hamirpur, is aggrieved of order dated 21.6.2025, whereby he has been transferred from afore station to District Treasury Office, Shimla. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ashok Kumar, learned counsel for the petitioner is that 21 days back, petitioner was transferred from Pangi to District Treasury Office Hamirpur, but after seventeen days of his joining at afore place, he has been again transferred to District Treasury Office, Shimla. He further states that since petitioner had already served hard/tribal area for one tenure, he was given station of his choice i.e. District Treasury Office Hamirpur, but before he could complete his normal tenure at - 2 - present place of posting, he has been again transferred within a short span of 17 days to District Treasury Office Shimla vide order dated 21.6.2025 (Annexure P-3). Respondent No.5 Smt. Kavita Kaundal, has been transferred from District Treasury Office, Hamirpur, to Sub Treasury Dehra vice Sh. Arvind Kumar, who has been transferred from Sub Treasury Dehra to District Treasury Hamirpur vice Smt. Kavita Kaundal. 3. In nutshell, case of the petitioner is that though having taken note of the fact that petitioner has already served in hard area for more than one tenure, there was no occasion, if any, with the respondents to transfer him to District Treasury Office, Shimla, but yet with a view to accommodate the private respondent Smt. Kavita Kaundal, he has been again sent to District Treasury Office, Shimla. Mr. Ashok, states that impugned transfer order is not sustainable in the eye of law, but petitioner is ready and willing to join at a station in the vicinity of Hamirpur, which prayer of his is not opposed by Mr. Rajan Kahol, learned Additional Advocate General, who states that representation, if any, filed in that regard, shall be considered sympathically. 4. Having taken note of the aforesaid submission made by the learned Additional Advocate General, present petition is disposed of with liberty reserved to the petitioner to file representation within two days to the competent authority to adjust him in the vicinity of - 3 - Hamirpur town and for doing so, any employee with longer stay can be transferred. Till the time, representation of the petitioner is decided, he shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. July 25, 2025 (Sandeep Sharma), (manjit) Judge