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2025 DAILYLAW 22789 (HP)

RAJINDER KUMAR v. THE STATE OF HP AND ANOTHER

CWP/12866/2025 · 2025-08-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12866 of 2025 Decided on: 18th August, 2025 ------------------------------------------------------------------------------------- Rajinder Kumar …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Virender K. Sharma, Advocate vice Mr. Arun Raj, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order was passed in this matter on 08.08.2025:- “CWP No.12866 of 2025 & CMP No.19140 of 2025 Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. Under order dated 01.07.2025 (Annexure P-5), the petitioner has been transferred to GMS Lohani under complex GMSSS Salooni, District Chamba vice one Ms. Deeksha. CWP No.10637 of 2025 preferred by the petitioner against the aforesaid order was disposed of on 04.07.2025. In the decision, impugned order was not interfered with, however, taking note of the fact that petitioner’s son is 75% disabled, he was granted liberty to represent to the competent authority with further 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 direction to the competent authority to decide the representation in accordance with law. Representation preferred by the petitioner on 06.07.2025, seeking his adjustment at GSSS Sahaura, GSSS Passu, GSSS Bagli, GSSS Zamanabad, GHS Nandher or DIET Dharamshala, District Kangra was rejected by respondent No.2 on 31.07.2025 (Annexure P-8). The reasoning given in the order is that GMS Lohani falls in the soft area. The petitioner cannot claim transfer to a particular place of choice as a matter of right. Petitioner feels aggrieved against the aforesaid rejection of his case under order dated 31.07.2025. 3. It appears that the impugned order dated 31.07.2025 has been passed without taking cognizance of Clause 5.6 added to the Comprehensive Guiding Principles-2013 under office memorandum dated 17.09.2015 (Annexure P-2). 4. Let learned Deputy Advocate General to have instructions about adjustment of the petitioner at any of the stations of choice mentioned in the impugned order or any other nearby station, where the petitioner can be accommodated considering the fact that he is the parent of a 75% disabled child. Instructions be placed on record within a week. List on 18.08.2025.” 2. Pursuant to above order, learned Deputy Advocate General has placed on record office instructions dated 14.08.2025 alongwith an order of even date, adjusting the petitioner at GSSS Passu, District Kangra vice one Smt. Tanu Kumari. 3. Learned counsel for the petitioner submits that petitioner’s grievances raised in this writ petition have been redressed under the aforesaid order dated 14.08.2025. 3 Taking note of the documents now placed on record alongwith the submissions made for the parties, this writ petition is disposed of as having worked itself out. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua August 18, 2025 Judge Mukesh