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High Court of Himachal Pradesh · body

2025 DAILYLAW 5707 (HP)

KISHORI LAL v. THE STATE OF HP AND OTHERS

CWP/935/2025 · 2025-01-10

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 935 of 2025 Decided on 10th January, 2025 Kishori Lal …Petitioner Versus State of H.P. & Ors. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Ashok Kumar Verma, Advocate. For the respondents: Mr. Anup Rattan, A.G with Mr. Pushpinder Jaswal, Additional Advocate General, for the respondents-State. Ajay Mohan Goel, Judge (Oral) Notice confined to respondents No.1 and 2 at this stage. Mr. Pushpinder Jaswal, learned Additional Advocate General accepts notice on behalf of the respondents-State. 2. The grievance of the petitioner is that in terms of Annexure P-1 dated 8.1.2025, the petitioner has been ordered to be transferred to Government Middle School, Bagher, under Complex GMSSS Bharian Kothi, District Chamba, which is a 2 sub cadre area. Learned counsel submits that as the petitioner has earlier served in a sub cadre area, i.e., at the present station itself, therefore, his transfer again to the sub cadre area is not justified more so when there are so many employees who have not served in sub cadre area. Learned Advocate General submits that in terms of the averments made in the writ petition as well as a perusal of Annexure P-1 demonstrate that the petitioner has already completed his normal tenure within a radius of 30 Kms as far as the present place of posting is concerned. Having heard learned counsel for the petitioner as well as learned Advocate General, this Court is of the considered view that though the petitioner cannot now agitate his transfer as he has already completed his normal tenure within a radius of 30 kms., but in the light of the fact that the petitioner has already served in a sub cadre area, this writ petition is disposed of with a direction that let the petitioner be transferred to a non-sub cadre area within a fortnight from today and till the passing of the said order, the petitioner be 3 allowed to continue to serve at the station where he is presently posted. 5. The writ petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. (Ajay Mohan Goel) Judge January 10, 2025 (mamta)