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2025 DAILYLAW 37482 (HP)

SANTOSH DEVI v. THE STATE OF HP AND OTHERS

CWP/6874/2025 · 2025-12-05

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6874/2025 Decided on: 05.12.2025 Santosh Devi …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Vaibhav Tanwar, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General, for respondents No.1 to 5 and 8. Ms. Upasana, Advocate vice Mr. Karan Singh Kanwar, Advocate, for respondent No.9. Jyotsna Rewal Dua, J Learned counsel for the petitioner submits that the pleadings in this writ petition are defective inasmuch as the order passed by the appellate authority against the petitioner on the subject matter had inadvertently not been assailed. Learned counsel, therefore, seeks permission to withdraw the present petition with liberty to file afresh, in accordance with law. Prayer is not opposed by learned counsel for the respondents. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 2. Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for, however, subject to the cost of Rs.5,000 to be deposited with the H.P. Bar Welfare Association. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 05th December, 2025(rohit) 3 2. Learned vice counsel for the respondents has placed on record office instructions dated 02.12.2025 conveying that petitioner’s relieving has been temporarily withheld until new Sub Inspector/Checking Officials are made available, for which the DPC process is presently under consideration; That the respondents- Corporation has notified transfer policy vide notification dated 18.11.2025 to rationalize staff and meet out imbalance of staffing within the units; That there is an acute shortage of checking staff in the tribal area of the Reckongpeo Unit. To a query of the Court, learned counsel for the petitioner submitted that the petitioner had joined HRTC Reckongpeo Unit on 18.07.2024, he yet to complete his normal tenure at the said station. The office instructions dated 02.12.2025 also convey, and are otherwise acknowledged by learned counsel for the petitioner that the petitioner was transferred to the Head Office Flying Squad Dharamshala, on his own request, without completing the normal tenure in the tribal area of Reckong Peo. Confronted with above,