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2025 DAILYLAW 24814 (HP)

YASHPAL RAJTA v. THE STATE OF HP AND OTHERS

CWP/14219/2025 · 2025-09-03

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14219 of 2025 Date of Decision: 03.09.2025 _______________________________________________________ Sh. Yashpal Rajta …….Petitioner Versus State of Himachal Pradesh & Others ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Meenakshi Sharma and Mr. Suraj Sharma, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who is working as Driver in HPPWD, Sub-Division Baragaon, District Shimla, H.P., is aggrieved of order dated 27.08.2025 (Annexure P-1), whereby he has been transferred from Kumarsain Division to Kapla Division, for a period of three months, due to ongoing monsoon season. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Meenakshi Sharma, learned counsel representing the petitioner is that since petitioner has already served in hard/tribal area for more than 18 1Whether the reporters of the local papers may be allowed to see the judgment? 2 years, there was no occasion, if any, for respondents to post him again in Kalpa Division. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that bare perusal of impugned order dated 27.08.2025 (Annexure P-1) nowhere suggests that petitioner has been transferred, rather, for a period of three months, he has been shifted to Kalpa Division on account of ongoing monsoon season. He states that it is not only petitioner, rather four other Drivers from Kumarsain Division have been sent to Kalpa Division for a short period of three months, whereafter they will be again posted in their respective division. 4. Since it is quite apparent from the perusal of impugned order dated 27.08.2025 (Annexure P-1) that petitioner has not been transferred, rather for a short period of three months, has been deputed in Kalpa Division on account of ongoing monsoon season, there is no reason to interfere with the impugned order dated 27.08.2025 (Annexure P-1) and as such, same is upheld, however, present petition is disposed of with the observation that after expiry of period of three months, petitioner shall be again sent back to the 3 Division, where he was working. In case, services of Driver are required for longer period than three months in Kalpa Division, Department would take note of the fact that petitioner has already served in hard/tribal area for more than 18 years and in that situation, Driver who have never served in hard/tribal area shall be posted in Kalpa Division. Similarly, respondent-department taking note of the fact that petitioner has already completed normal tenure of posting at Kumarsain Division, may also consider transferring him to some other station, if required and desired. Pending applications, if any, also stand disposed of. p` (Sandeep Sharma), Judge September 03, 2025 (Rajeev Raturi)