High CourtsDivision Bench(2011) 09 SHI CK 0084

Surender Kumar vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 7 September 2011

HON’BLE JUDGES
Kurian Joseph, C.J · Rajiv Sharma, J
CASE NUMBER
CWP No. 7610 of 2011

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Judgment

3 paragraphs · 246 words

Kurian Joseph, C.J.—The Petitioner submits that he has only around 17 months to retire from service and that he is transferred. It is submitted that there are several seniors in the Division and yet they are not transferred. That by itself will not be a ground available to the Petitioner to challenge the transfer. However, the Petitioner submits that in terms of the policy, as far as the possible, the Petitioner is liable to be adjusted in any of the places of his choice indicated by the Petitioner when he is at the verge of retirement. The Petitioner may file appropriate representation before the second Respondent within a period of one week from today, in which case the second Respondent/competent authority will look into the same and pass appropriate orders adverting to the places of his choice indicated by the Petitioner and in case the vacancies are available in such stations, an attempt shall be made to accommodate the Petitioner in one of such places. As and when the Petitioner is relieved, he may not be compelled to join the transferred station and it will be open for him to avail leave of the kind due till orders are passed, as above. The orders, as above, shall be passed within three weeks from the date of production of a copy of this judgment along with the representation.

2.

The writ petition is disposed of, so also the pending applications, if any.

Authenticated copy to the Petitioner.