High CourtsDivision Bench(2020) 11 SHI CK 0144

Sanjeev Kumar vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 12 November 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 426 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

9 paragraphs · 308 words

Tarlok Singh Chauhan, J

1.

On 08.10.2020, this Court passed the following order:-

"Steps for service of respondent No. 3 is stated to have been taken today. If that be so, issue notice to respondent No. 3, returnable for 12.11.2020.

A perusal of the petition, more particularly, para-6 thereof, indicates that one of the grounds for assailing the transfer order is that the wife of the petitioner is also working and posted as JBT in Government Primary School, Bhavran, Tehsail Nadaun and being a couple case, the petitioner and his wife as far as possible, have to be posted in one station. Even though the official respondents have filed the reply but such averments have been conveniently ignored. Therefore, let official respondents file a supplementary affidavit to this effect before the next date of hearing. List on 12.11.2020."

2.

In the supplementary affidavit that is stated to have been filed by the respondents-State, it is clearly stated that the fact that wife of the petitioner is also working in the government department, was not taken into consideration and the respondents would take the same into consideration and pass appropriate orders in case representation to this effect is made.

3.

Accordingly, the petitioner seeks for and is granted permission to withdraw this petition with liberty to file representation to the concerned respondent(s). In case the representation is preferred by the petitioner within one week from today, then the same shall be considered and decided by the respondents in accordance with the policy/instructions within a further period of two weeks.

4.

However, it is made clear that we have not made any observations on the relative merits of the case.

5.

The writ petition is disposed of accordingly, so also the pending miscellaneous application(s), if any.

Authenticated copy be supplied to learned counsel for the parties by the Court Master.