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Judgment
Jyotsna Rewal Dua, J
The petitioner is presently serving as Headmaster.
He was promoted as such in the year, 2021. The petitioner had joined his present place of posting on 31.12.2021. His grievance in this petition is to the notification dated 27.04.2023, whereunder he has been transferred from GSSS Jadera, District Chamba to GSSS Sukund, District Chamba vice Sh. Jagdish Chand, respondent No.3.
Respondent No.3 though served in the petition, however, has chosen not to contest the petition and he was accordingly proceeded ex-parte on 24.05.2023.
The transfer has been assailed firstly on the ground that the same has been issued on the basis of a U.O. note. Secondly, it has been urged that the petitioner has not as yet completed his normal tenure at the present place of posting. The third argument raised is that the petitioner is due for retirement within a year and three months.
The respondents have produced the record pertaining to the transfer of the petitioner and private respondent No.3. The record reflects that the transfer has been ordered merely on the basis of a U.O. note and approval of the Competent Authority. There is no independent application of mind or consideration of the case by the Administrative Department. The facts pertaining to short stay of the petitioner at the present place of posting and his impending retirement within a year and three months, have also not been disputed by the respondents. As already observed, there is no opposition to the petition by the private respondent. In fact, none of the respondents have filed reply to the petition.
In view of above, there is merit in the petition, the same is allowed. The impugned order dated 27.04.22023 (Annexure P-2) is accordingly quashed and set aside qua the petitioner and respondent No.3.
The pending miscellaneous application(s), if any, also to stand disposed of.