Extracted from the PDF above. The PDF is authoritative.
2025:HHC:1103 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1791 of 2024 Decided on: 06.01.2025 Randev
… Petitioner Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner: Mr. Tanuj Thakur, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General, for respondents No.1 to 3-State. Respondent No.4 ex parte. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:-
“i. Issue a writ of certiorari thereby quashing and setting aside the impugned transfer order dated 06.03.2024 (Annexure P-1) issued by Respondent No.3. ii) That the respondents may kindly be directed to allow the petitioner to complete his normal tenure at the present place of posting i.e. Govt. Sr. Sec. School Bagdhar, District Chamba, H.P. in the interest of justice.”
2. When the case was listed on 11.03.2024, the following
order was passed:-
“CWP No.1791 of 2024 Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:1103 No.1 to 3-State. Issue notice to respondent No.4, returnable for 17.05.2024, on steps for service being taken within one week. CMP No.2485 of 2024 Notice in above terms. Learned counsel for the applicant/petitioner submits that the impugned transfer
order has been issued without permitting the petitioner to complete his normal tenure at Government Senior Secondary School, Bagdhar, District Chamba, H.P. where he was posted only on 06.12.2021. He further submits that before his posting at Bagdhar he was serving at Government at Government High School Darekri, Tehsil Salooni, District Chamba, H.P., which was at a distance of more than 60 kilometer from his native place. Taking into consideration the fact that the petitioner is serving as a Peon, the operation of impugned transfer
order is stayed. In other words, the respondent- department shall ensure that status-quo ante as it was existing before the issuance of Office Order dated 06.03.2024 is maintained. The petitioner shall be allowed to serve as a Peon at Government Senior Secondary School, Bagdhar and the private respondent shall be
directed to perform his duty at Beeo Banikhet during the pendency of this petition.”
3. In light of the fact that the petitioner had already complete his normal tenure at the present place of posting, as agreed, this petition is disposed of with the direction that let the petitioner now file a representation for his adjustment at some other
3 2025:HHC:1103 station within two weeks from today and let appropriate call be taken upon the representation of the petitioner within three weeks as from the date of the receipt thereof. While adjusting the petitioner, the factum of disability to the tune of 70% be taken into consideration. Further, till the decision of the representation, the petitioner shall be allowed to continue to serve at his present place of posting. Pending miscellaneous applications, if any, also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge January 06, 2025 (Rishi)