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2025 DAILYLAW 7668 (HP)

MATHURA DASS v. STATE OF HP AND OTHERS

CWP/1954/2024 · 2025-01-01

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1954 of 2024 Decided on: 1st January, 2025 ------------------------------------------------------------------------------------- Mathura Dass …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Mukul Sood, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Despite repeated opportunities granted to the respondents, reply to the petition has still not been filed. Taking note of the fact that the petition was filed on 13.03.2024 against a transfer order, which was stayed by this Court vide order dated 14.03.2024, the matter is heard at this stage. 2. Petitioner is serving as Junior Basic Trained (JBT) Teacher in the respondent-Education Department. Learned counsel for the petitioner points out that the petitioner had also remained posted in Spiti Block, Kaza, 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 District Lahaul & Spiti. He thereafter was transferred to District Kangra under inter-district transfer policy. 3. Annexure P-1, dated 09.01.2023, is a letter written by MLA, Jaisinghpur, seeking petitioner’s transfer from GPS Lahru, Education Block Lambagaon to GPS Takhnar, Education Block Kotla. The communication was acted upon and vide office order dated 06.04.2023, petitioner was transferred from GPS Lahru (Lambagaon) to GPS Takhnar (Kotla). Learned counsel for the petitioner points out that the above transfer was not at the instance of the petitioner. It was also pointed out that the transfer order, however, was not given effect to and the petitioner continued to remain posted at GPS Lahru. The petitioner was thereafter transferred under order dated 08.05.2023 from GPS Lahru (Lambagaon) to GPS Dagera (Thural). Distance between these two stations is stated to be around 32 kilometers. The petitioner complied with the transfer order and joined at GPS Dagera. His grievance is to the next office order issued by the respondents on 29.02.2024 (Annexure P-5), transferring him from GPS Dagera to GPS Batuni. It has been pointed out that distance between Dagera and Batuni is around 80 kilometers. 3 4. The above documents reflect that the petitioner has been subjected to frequent transfers. The petitioner belongs to district cadre. He had joined at GPS Dagera pursuant to the office order dated 08.05.2023 (Annexure P-4). Within a span of ten months, petitioner was transferred from GPS Dagera to GPS Batuni. In the given circumstances, impugned office order dated 29.02.2024 (Annexure P-5) calls for an interference in respect of the petitioner. 5. Accordingly, this writ petition is allowed. Interim stay granted to the petitioner on 14.03.2024 is confirmed or in other words, the impugned office order dated 29.02.2024 (Annexure P-5) is quashed and set aside qua the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua January 01, 2025 Judge Mukesh