Harish Gharaik vs State Of Himachal Pradesh And Others

M.S. Ramachandra Rao, CJ

This appeal is preferred against the order dt. 14.12.2023 passed by the learned Single Judge in CWP no.6548 of 2023.

In the said Writ petition, the petitioner had challenged his transfer order on the ground that the same had been issued on the basis of a D.O. Note of a political entity.

The respondents had contended that the appellant had completed more than six years at one station.

Learned Single Judge took note of the said fact and refused to interfere with the order of transfer.

Challenging the same, this appeal is filed.

Learned counsel for the appellant placed reliance on the judgments of the Division Bench of this Court in Sunita Devi Versus State of H.P. & Ors. (CWP no.1978 of 2019) and Vipender Kalta Versus State of H.P. and others (CWP no.4412 of 2022), wherein this Court had deprecated practice of making transfers on the basis of D.O. Notes.

However, since the appellant had been working at the same station for the last more than six years and since the transfer is an incidence of service, and the appellant had no right to continue at the place where he was working indefinitely, we do not deem it appropriate to interfere with the order passed by the learned Single Judge.

Accordingly, the appeal is dismissed alongwith pending miscellaneous application(s), if any.