Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2050 of 2024
Date of decision: 10.04.2025 Surender Singh.
...Petitioner. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioners : Mr. K.B. Khajuria and Mr. Vishvender Singh, Advocates.
For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 & 2.
Jyotsna Rewal Dua, Judge
Petitioner, a Junior Engineer, was transferred to Jal Shakti Division Thunag, Sub-Division Balichowki, Section Thachi, District Mandi, on 22.02.2019. He was next transferred under order dated 28.03.2023 to the office of Chief Engineer, Project Management Unit, Mandi, against vacancy.
Petitioner’s grievance in this writ petition to the office
order dated 12.03.2024, whereunder he was transferred to Jal Shakti Division Thunag, Sub-Division Balichowki, Section Thachi, District Mandi, vice respondent
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No.3-Sh. Beli Ram, who was brought in the place of the petitioner. Pursuant to interim order dated 15.03.2024, petitioner is continuing to serve in the office of Chief Engineer, Project Management Unit, Mandi.
2.
Respondent No.3 has chosen not to contest the writ petition. From the reply filed by respondents No.1 & 2, it transpires that impugned and vice-versa transfer order of petitioner and respondent No.3 was issued when respondent No.3 was on study leave. In terms of instructions dated 01.04.2025 placed on record by respondent-State, respondent No.3 has re-joined his duties on 04.07.2024 and is presently serving at Jal Shakti Division Thunag.
3.
At this stage, learned Deputy Advocate General submitted that looking to the fact that the impugned transfer
order was issued when respondent No.3 was on study leave, respondent Nos.1 & 2 are ready and willing to consider the case of the petitioner and respondent No.3 for transfer afresh in accordance with law.
4.
In view of above, this writ petition is disposed of by directing respondent No.2/Competent Authority to consider the transfer case of the petitioner and respondent
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No.3 afresh in accordance with law and applicable transfer policy within four weeks from today. Resultantly, impugned transfer order dated 12.03.2024 (Annexure P-2) shall not be given effect to qua the petitioner and respondent No.3 till the decision afresh is taken by the respondents. Copy of order so passed be also communicated to the affected parties.
Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua 10th April, 2025
Judge (Pardeep)