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Himachal Pradesh High Court

Brahma Nand vs State Of H.P. & Others on 31 October, 2019

Bench: Dharam Chand Chaudhary, Jyotsna Rewal Dua

    IN THE HIGH COURT OF HIMACHAL PRADESH,
                     SHIMLA
                              CWP No.2506 of 2019
                              Decided on: 31.10.2019




                                                                          .
    Brahma Nand                       ...Petitioner.





                                  Versus





    State of H.P. & others                                            ....Respondents.
    ................................................................................................
    Coram
    The Hon'ble Mr Justice Dharam Chand Chaudhary(J)
    The Hon'ble Ms Justice Jyotsna Rewal Dua,(J).





    Whether approved for reporting?1

    For the petitioners:              Mr.Rupinder Singh Thakur, Advocate.

    For respondents:                 M/s   Ashok   Sharma,     Advocate

                                     General with Ritta Goswami and

                                     Adarsh Sharma, Additional Advocate
                                     Generals.


    Dharam Chand Chaudhary, J (Oral)

The petitioner is working as Junior Engineer in the Department of Irrigation & Public Health, Himachal Pradesh.

Presently he is working as such in I&PH Sub Division Rajgarh, under Nohradhar Division, District Sirmaur. He has now been transferred to IPH Division Shillai vide impugned order (Annexure P-1) against a vacant post. The impugned order has been challenged on the grounds that the petitioner is left only with 13 months of service to retire and also that there is no one to look after his 92 years old mother.

Whether reporters of the local papers may be allowed to see the judgment?

2. Consequent upon the order passed on the previous date, learned Additional Advocate General has placed on record the written instructions, which reveal that during the period from .

January 1994 to January 2014, the petitioner remained working as Surveyor at Nahan, Division of Irrigation and Public Health Department. He even remained posted on his promotion as Junior Engineer also in the same division during the period from January 2014 to November 2016. It is on 26.11.2016, he was transferred to I&PH Sub-Division Rajgarh under I&PH Division Nohradhar, District Sirmaur. He has now been transferred from Rajgarh to I&PH Division Shillai. It is seen that during the whole service carrier of the petitioner, he remained mostly posted in I&PH Division Nahan, except for about three years at Rajgarh under IPH Division Nohradhar. Even by impugned order also, he has been transferred to I&PH Division Shillai again in District Sirmaur.

He therefore, has not been transferred to a station out of his home District, i.e. Sirmour.

3. In the given facts and circumstances, the impugned order can not be said to be harsh & oppression in any manner whatsoever, in view of the transfer of the petitioner is within his home District. The present is also not a case where his transfer to Shillai is likely to affect his settlement after retirement, in any manner whatsoever. We, therefore, find no merit in this writ ::: Downloaded on - 01/11/2019 20:24:20 :::HCHP petition and the same is accordingly dismissed. Pending application(s), if any, shall also disposed of.

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(Dharam Chand Chaudhary), Judge (Jyotsna Rewal Dua), Judge 31st October, 2019 (rohit) r to ::: Downloaded on - 01/11/2019 20:24:20 :::HCHP