Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 9127 (HP)

PANKAJ RAI v. STATE OF HP AND ORS

CWP/3658/2025 · 2025-05-28

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3658 of 2025 Decided on: 28th May, 2025 _________________________________________________________________ Pankaj Rai ....Petitioner Versus State of H.P & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Arun Kaushal, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General, for respondents No. 1 to 3. Mr. Piyush Agnihotri, Advocate vice Mr. Anil Kumar, Advocate, for respondent No. 4. . Jyotsna Rewal Dua, Judge Petitioner is a Pharmacy Officer and belongs to State Cadre. His grievance is to the office order dated 24.02.2025, whereunder he was transferred from ESI CH Gagret, District Una to Civil Hospital Dehra, District Kangra. 2. Learned counsel for the petitioner submits that petitioner was posted at his present place of posting i.e. ESI 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - CH Gagret, District Una on 16.03.2024; Petitioner had not completed his normal tenure of three years at the present place, when the impugned transfer order was issued. Pursuant to interim order dated 17.03.2025, petitioner is continuing at the present place of his posting. 3. Respondent-State has filed reply to the writ petition. In terms of the reply, petitioner remained posted at Primary Health Centre Amlehar, District Una w.e.f. 20.02.2021 to March 2024. Thereafter, he was transferred to PHC Jalag, District Kangra on 16.3.2024, but the petitioner obtained a D.O. note for his adjustment at Gagret, District Una. He never joined at Jalag. On the basis of D.O note obtained by the petitioner, he was posted at Gagret, District Una on 29.06.2024. The distance between Amlehar and Gagret, both in District Una, is 12 K.M. 4. Learned counsel for the petitioner does not dispute the factual position given by the respondent-State in the reply. Petitioner was posted at Amlehar, District Una on 20.02.2021. When, admittedly the distance between Amlehar and Gagret is just 12 K.M. and according to the reply filed by - 3 - the State, petitioner got himself adjusted at Gagret on 29.06.2024 only on the basis of a D.O. note, it has to be concluded that petitioner has remained posted within a radius of 12 K.M. w.e.f. 20.02.2021. 5. Under these circumstances, no interference is warranted with the impugned transfer order on the ground of alleged short stay or petitioner at Gagret. No other point was urged. The petition is accordingly dismissed. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge May 28, 2025 R.Atal