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2025 DAILYLAW 20955 (HP)

VIJAY BHARTI v. STATE OF HP AND ANR

CWP/11720/2025 · 2025-08-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.11720 of 2025 Decided on: 08.08.2025 _________________________________________________________________ Vijay Bharti ....Petitioner Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Ranjna Pathania Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Following order was passed in the matter on 22.07.2025:- “Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. Pursuant to the directions issued in CWP No. 7346 of 2025 (Vijay Bharti Vs. State of H.P. and Anr.) decided on 05.05.2025, petitioner preferred his representation on 15.06.2025, seeking his transfer from tribal area to a soft area of his choice. Respondent No.2 passed office order on 17.07.2025, transferring the petitioner from tribal area but not to the station of his 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - choice. 3. Petitioner feels aggrieved against the office order dated 17.07.2025, transferring him to AHC Saleti, District Kangra. 4. From the impugned office order, reasons cannot be discerned for not transferring the petitioner to soft area of his choice. Further, according to the petitioner, he has been now transferred to a station which is at a distance of 150 K.Ms. from his native place and this fact defeats the very purpose for which petitioner had prayed for transfer from tribal area to a soft area of his choice. 5. Let learned Additional Advocate General to have instructions about the feasibility of transferring the petitioner to a soft area of his choice. Instructions be obtained within three days. List on 28.07.2025. In the meanwhile, impugned office order dated 17.07.2025 (Annexure P-5) shall remain stayed.” 2. Another order was passed in the matter on 28.07.2025:- “Learned Deputy Advocate General has placed on record office instructions dated 28.07.2025 from the office of Additional Director Ayush, Himachal Pradesh. Pursual whereof has reflected that but for serial No.4, all other incumbents have completed their normal tenure and have not served in tribal & hard area. Learned Deputy Advocate General to have fresh instructions in relation to the order passed on - 3 - 22.07.2025 coupled with incumbency position of employees at the stations, where the petitioner wants to be accommodated. List on 06.08.2025. Interim order to continue.” 3. Pursuant thereto, learned Deputy Advocate General has placed on record office instructions dated 07.08.2025 from the Additional Director AYUSH, Himachal Pradesh alongwith a copy of office order dated 07.08.2025, transferring the petitioner to AHC Hatli, District Kangra vice Smt. Tripta Devi. 4. Learned counsel for the petitioner submits that the aforesaid office instructions and the office order have redressed the grievance of the petitioner. In view of above, present writ petition to stand disposed of. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge August 8, 2025 R.Atal