High CourtsDivision Bench(2020) 07 SHI CK 0307

Gulam Hussain vs State Of H.P. & Others

High Court Of Himachal Pradesh · Decided on 9 July 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 2263 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 232 words

Anoop Chitkara, J

1.

The Panchayat Sahayak, on having transferred after completing three years and seven months has come up before this Court seeking quashing of his transfer order Annexure P-1.

2.

Notice. Ms. Rita Goswami, learned Additional Advocate General appears and waives service of notice on behalf of respondents No.1 to 3.

3.

Mr. K.B. Khajuria, learned counsel for the petitioner states that the petitioner has worked in Gram Panchayat, Hartvass, which is a hard area/tribal area and as such the petitioner is entitled to transfer to a station of his choice in view of clause 16.1 of the Comprehensive Guiding Principles-2013 (Transfer Policy).

4.

Ms. Rita Goswami, learned Additional Advocate General states that she has nothing to disbelieve the statement made by Mr. K.B. Khajuria, learned counsel for the petitioner.

5.

Given above, the writ petition is allowed and the impugned order of transfer Annexure P-1, being in violation of clause 16.1 of the Comprehensive Guiding Principles-2013 (Transfer Policy), is quashed and set aside. The petitioner shall be at liberty to make a representation to the first respondent mentioning therein the five stations of his choice, within 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 field, and pass appropriate orders, within two weeks. Pending application(s), if any, are closed.