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2026 DAILYLAW 21301 (HP)

ASHOK SHARMA AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/14128/2026 · 2026-08-27

Ajay Mohan Goel

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.14128 of 2026 Decided on 27th August 2026 Ashok Sharma and another …Petitioners Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Ms. Mamta Garg, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “i This Hon’ble Court may be pleased to issue an appropriate writ in the nature of mandamus or any appropriate writ or direction be passed in favour of petitioner by directing respondents to transfer/post/adjust petitioner No.1 at Dhaula Kuan, Sub-Tehsil Majra, Tehsil Paonta Sahib, against the vacancy arising consequent upon the promotion of Smt. Sheetal as Kanungo vide order dated 07.08.2026, or at another genuinely nearby station consistent with Clause 5.4; ii. That the impugned officer order dated 14.08.2026 (Annexure P-7) issued by respondent No.2 may kindly be quashed and set aside. iii. That the respondents may kindly be directed to reconsider the representation dated 19.04.2026 afresh, 2 after taking into account the promotion created vacancy actual comparative distances and the spouse ground hardship by a reasoned order within a fixed period. iv. That the respondent may kindly be directed to not to fill the Patwari vacancy at Dhaula Kuan by transfer/adjustment of any other person until the petitioners claim is lawfully considered.” 2. When this matter was listed on 18.08.2026, the following order was passed:- “Notice. Mr. R.P. Singh, learned Deputy Advocate General, and Ms. Kiran Dhiman, learned counsel, appear and waive service of notice on behalf of respondents No.1, 2 and 3 respectively. Learned counsel for the petitioner submits that the station to which petitioner No.1 has now been transferred is more than 120 km away from the place of posting of his wife. She submits that the post of Patwari is vacant at Dhaula Kuan and the petitioner can be easily adjusted there. Learned Deputy Advocate General to obtain instructions in this regard by next week. List on 27th August, 2026. 3. Today, learned Deputy Advocate General has handed over instructions received from Director, Land Records, Himachal Pradesh, dated 26.08.2026, in terms whereof, the petitioner has been adjusted at PC Kamrau, District Sirmour, H.P. 4. Learned counsel or the petitioners submits that it be observed that the petitioner shall be allowed to stay at this station for a normal tenure. 3 5. In light of the fact that the petitioner now stands adjusted at PC Kamrau, District Sirmour, H.P., this petition is disposed of with the observation that the petitioner shall ordinarily be allowed to have a normal stay at the said station. 6. With these observations, the petition stands disposed of, so also pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge August 27, 2026 (Vinod)