Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.14128 of 2024
Decided on: 8th January, 2025 ------------------------------------------------------------------------------------- Hem Singh
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vikas Rathore and Mr. Bhupinder Thakur, Advocates.
For the Respondents: Mr. Dalip K. Sharma, Additional Advocate General, for respondents No.1 to 4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Following order was passed in the matter on 30.11.2024, noticing the gist of petitioner’s case and his grievance:-
“Notice. Mr. Dalip K. Sharma, Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 4. Notice be issued to respondent No.5, returnable for 17.12.2024. In addition to ordinary service, as prayed for, the petitioner shall also be at liberty to serve respondent No.5 by way of dasti. Steps for service be taken within a day. Reply by appearing respondents be filed before next date of hearing.
2. Respondent No.5’s writ petition bearing CWP No.7924 of 2024, assailing office
order dated 03.08.2024, wherein she was transferred from
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
Government Senior School Kotli, District Mandi to Government Senior Secondary School Karkoh, District Mandi, was disposed of on 04.11.2024. While deciding the aforesaid writ petition, it was categorically held that respondent No.5 (petitioner therein) had remained posted in District Mandi w.e.f. 07.05.2016 onwards; that she had completed two years & 11 months even at her present place of posting, i.e. GSS Kotli, District Mandi. The distance between Kotli and Karkoh, where respondent No.5 has been transferred, is just about 15- 18 kms. In view of these observations, no fault was found in the office order transferring respondent No.5 from GSS Kotli, District Mandi.
It appears that while deciding respondent No.5’s representation, respondent No.2 has cancelled the transfer order of the petitioner dated 03.08.2024, whereby respondent No.5 was transferred from Kotli to Karkoh. Or in another words, respondent No.5 was allowed to continue to discharge her duties at Kotli, District Mandi. This is not in conformity with the order dated 04.11.2024 passed in CWP No.7924 of 2024.
Let learned Additional Advocate General to have instructions in the matter.
List on 17.12.2024.”
2.
The matter was next taken up on 17.12.2024, when learned Additional Advocate General sought for and was granted time to have instructions in light of the above- extracted order dated 30.11.2024 read with the decision rendered in CWP No.7924 of 2024 (Prem Lata Vs. State of H.P. and others), decided on 04.11.2024, in particular, para 5 thereof.
3.
Following order was thereafter passed in the matter on 03.01.2025:-
“Though respondent No.5 is stated to have been served on 13.12.2024,there has been no appearance on her behalf ever-since.
3
Learned Deputy Advocate General assures that appropriate order in accordance with the spirit of the
judgment dated 04.11.2024 rendered in CWP No. 7924 of 2024 (Prem Lata Vs. State of H.P.) and also taking into consideration the orders passed in this writ petition on 30.11.2024 and 17.12.2024 will be passed within next three days.
List on 08.01.2025.”
4.
When the matter was taken up today, learned Additional Advocate General placed on record order dated 08.01.2025, which reads as under:-
“The cancellation order earlier issued on dated 07.11.2024 is hereby withdrawn and the transfer order of Sh. Hem Singh, Lect./Lect. (SN) Chemistry from GSSS Karkoh, Distt. Mandi to GSSS Kotli, Distt. Mandi vice Smt. Prem Lata, Lect./Lect. (SN) Chemistry & vice versa, with TTA/JT earlier issued on dated 03.08.2024 shall stand. Accordingly representation in r/o petitioner, Sh. Hem Singh, Lect./Lect. (SN) Chemistry stand disposed of. Hence, requested to apprise the Hon’ble Court accordingly please.”
Learned counsel for the petitioner submits that the order dated 08.01.2025 redresses the grievance of the petitioner.
5.
In view of above, the present writ petition is
disposed of as the grievance of the petitioner has now been redressed. Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua January 08, 2025
Judge Mukesh