IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8860 of 2024 Date of decision: 06.01.2025 Ajay Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Anil Kumar, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Petitioner is serving as Clerk in the respondent- Public Works Department. His grievance is to the office order issued on 05.08.2024, whereby he was transferred from HPPWD Division Kangra to HPPWD Division Kotla Behar. 2. Pursuant to detailed interim order passed in this petition on 28.08.2024, petitioner is continuing to serve in the office of HPPWD Division Kangra. 3. Learned counsel for the petitioner submitted that petitioner had joined the respondent-Department as Clerk on 30.05.2018 in the office of Chief Engineer, Kangra Zone, HPPWD Dharamshala; On 09.08.2021, the petitioner was 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- transferred to HPPWD Kotla Behar Division, the services of the petitioner were regularized at the aforesaid place on 05.10.2021; Petitioner was further transferred on 30.03.2022 to HPPWD Dehra Division (Sub-Divison Haripur); On 11.04.2023, the petitioner was transferred from HPPWD Dehra Division to HPPWD Kangra Division, where he was serving at the time of issuance of the impugned transfer order. The transfer has been assailed primarily on the ground of short-stay of the petitioner as Clerk at HPPWD Kangra Division. It has been submitted that petitioner had put in about a year and six months at his present place of posting, when he was transferred under the impugned order. Further ground taken for assailing the impugned transfer order is that the same was issued on the basis of a U.O. Note. 4. Learned Deputy Advocate General has placed on record office instructions dated 26.11.2024 from the Engineer-in-Chief, HPPWD Shimla-2, which apart from affirming the incumbency as pointed out by the petitioner -3- also states that the petitioner’s transfer was made on the basis of U.O. Note. In view of factual position regarding the petitioner having not completed his normal tenure at the present place of posting and he having been transferred only on the basis of U.O. Note coupled with the settled legal position as already noticed in the interim order dated 28.08.2024, this writ petition is allowed. Consequently, impugned office order dated 05.08.2024 (Annexure P-3) is quashed and set-aside. Pending miscellaneous application(s), if any, shall also to stand disposed of. Jyotsna Rewal Dua 6th January, 2025 Judge (Pardeep)