High CourtsDivision Bench(2021) 08 SHI CK 0051

Rajesh Gautam vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 5 August 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
CASE NUMBER
Civil Writ Petition No. 1528 Of 2021

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Judgment

11 paragraphs · 202 words

Tarlok Singh Chauhan, J

1.

Admittedly, the transfer of the petitioner has been effected on the basis of D.O. Note.

2.

Once that be so, then in terms of the judgment rendered by this Court in CWP No. 801 of 2013, titled as Sanjay Kumar vs. State of H.P. and

others, decided on 05.07.2013, the impugned transfer order is not sustainable in the eyes of law.

3.

Accordingly, the writ petition is allowed and the transfer order, dated 02.03.2021(AnnexurePÂ1) is quashed and set aside. At this stage, learned

counsel for the respondent No.5 states that since husband of the respondent No.5 is serving in CRPF at Manipur, therefore, her case is required to be

considered sympathetically for her posting, since there is also a post vacant at Baggi Sungal where she can conveniently be adjusted.

4.

This is a matter which is required to be considered by the employer. Therefore, the respondent No.5 is permitted to make a representation before

respondent No.2 within a period of one week and the same shall be considered sympathetically thereafter. It is made clear that this order shall not be

treated as a precedent in future. Pending application(s), if any, also stands disposed of.

Copy Dasti.