High CourtsDivision Bench(2020) 07 SHI CK 0400

Chattar Singh vs H.P. State Civil Supplies Corporation And Others

High Court Of Himachal Pradesh · Decided on 2 July 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
CASE NUMBER
Civil Writ Petition No. 1673 Of 2019

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Judgment

6 paragraphs · 218 words

Anoop Chitkara, J

1.

The petitioner, who has served in a tribal area for more than five years and six months, has been transferred vide impugned order dated 29.7.2019 (Annexure P-4), without affording him an opportunity to mention the stations of his choice. The Transfer Policy itself provides that any official who has completed a tenure of two winters and three summers in a tribal area, is entitled to mention five stations of his choice.

2.

Learned counsel for the respondent-Corporation, does not dispute that the current place of posting of the petitioner falls in a tribal area.

3.

Resultantly, the impugned order could not have been passed without affording him the benefits in terms of the Transfer Policy.

4.

Given above, we deem it appropriate to set aside the impugned order dated 29.7.2019 (Annexure P-4), with a direction to the petitioner to make a fresh representation to the 1st respondent, mentioning therein five stations of his choice, within a period of one week, in accordance with the Transfer Policy. On receipt of such representation, the said respondent shall decide the same, in the light of the Transfer Policy occupying the said field, and pass appropriate orders, within a period of two weeks thereafter.

With these observations, present petition stands disposed of, so also, pending application(s), if any.