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2025 DAILYLAW 34273 (HP)

PARKASH CHAND v. STATE OF HP AND ANR

CWP/17910/2025 · 2025-11-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.17910 of 2025 Decided on: 18.11.2025 _________________________________________________________________ Prakash Chand ....Petitioner Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vishal Verma, Advocate. For the respondents: Mr. Y.P.S.Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General, accepts service of notice on behalf of the respondents. With consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner is serving as Veterinary Pharmacist at Veterinary Dispensary Kohin, District Hamirpur, H.P. His grievance is to the office order dated 12.11.2025 (Annexure P- 3), which transfers him to Veterinary Dispensary Hudan Bhatori, (Pangi), District Chamba. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - The transfer has been assailed primarily on the grounds that:- (i) Under the impugned office order, petitioner has been sent to hard and tribal area whereas, he has already served at hard area i.e. V.D. Kundi, Block Mehla, District Chamba, H.P. w.e.f. 15.05.2000 to 31.01.2004, therefore, petitioner could not have been sent to hard area again in terms of the applicable transfer policy; (ii) The petitioner is presently 55 years of age, with less than three years’ of service left in his credit. In view of clause 12.1 of the Transfer Policy, the employee having less than five years of service, are exempted from posting in hard/tribal/difficult areas; and (iii) The petitioner has not completed his normal tenure at the present station. 3. In view of the grounds urged, petitioner has made out a case for grant of interim relief. At this stage, learned counsel for the petitioner fairly submits that petitioner be permitted to make a representation to respondent No.2 for the redressal of his grievances, whereafter, respondent No.2/competent authority be directed to consider and decide the same in accordance with law within a time bound schedule. - 3 - 4. In view of grounds urged for the petitioner, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent No.2/Competent Authority within a week, whereafter, the same shall be considered and decided by the Competent Authority, in accordance with law and as per applicable transfer policy also keeping in view the above observations, within three weeks thereafter. Copy of decision so taken, be communicated to the petitioner. Till such time, the operation of office order dated 12.11.2025 (Annexure P-3) shall remain stayed qua the petitioner or in other words, petitioner shall be permitted to serve at Veterinary Dispensary Kohin, District Hamirpur. It is made clear that in case petitioner does not represent within the aforesaid period, the interim protection granted to him under this order shall automatically stand vacated. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge November 18, 2025 R.Atal