Naresh Kumar vs State of Himachal Pradesh

Justice V.K. Ahuja, J.—Petitioner who is working as Junior Engineer on contract basis and presently posted at Balh has been transferred to Panchayat Samiti, Karsog, vide impugned order, dated 28.10.2010. The petitioner challenged this transfer order on the ground that when he was appointed, there was no such term that he is liable to be transferred to any other place and accordingly since those rules were framed subsequently, he had challenged the said transfer order. The learned Assistant Advocate General for the respondent-State has submitted that for the present both the petitioner and the private respondent are working at their respective places and fresh no notification has been issued by the respondent-State for transfer and getting the work from the Junior Engineer concerned. However, since the petitioner is continuing at his place of posting and the respondent-State does not intend to implement the impugned order of transfer, the petition stands disposed of and the interim order granted in favour of the petitioner is affirmed till fresh orders are passed in accordance with the law. However, all the contentions put forth by both the parties are left open.

All the pending application(s), if any, also stand disposed of.