Himachal Pradesh High Court
Tarsem Chand S/O Sh. Atma Ram vs State Of H.P. And Others on 7 September, 2021
Bench: Tarlok Singh Chauhan, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 7th DAY OF SEPTEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION NO. 2280 OF 2021
Between
TARSEM CHAND S/O SH. ATMA RAM,
R/O VPO KUNERAN, TEHSIL GHANARI,
DISTRICT UNA, H.P.
....PETITIONER
(BY SH RAJESH KUMAR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH, THROUGH
PRINCIPAL SECRETARY (EDUCATION) TO THE
GOVT. OF HIMACHAL PRADESH, SHIMLA
2. DIRECTOR OF ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA
3. DEPUTY DIRECTOR OF ELEMENTARY EDUCATION
UNA, DISTRICT UNA, H.P.
4. SOHAN LAL S/O NOT KNOWN TO THE PETITIONER
PRESENTLY POSTED AS JBT IN GOVT. PRIMARY
SCHOOL JANANI, TEHSIL HAROLI, DISTRICT UNA HP.
....RESPONDENTS
(BY SH. VINOD THAKUR, ADDITIONAL
ADVOCATE GENERAL )
_________________________________________________
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2
This civil writ petition coming on for admission after
notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
.
following:
ORDER
The perusal of record reveals that transfer of the petitioner has been effected solely on the basis of recommendation made by local Member of Legislative Assembly, therefore, the same is not sustainable in view of the long line of decisions rendered by this Court, especially in CWP No. 801 of 2013 titled as Sanjay Kumar Vs. State of H.P. and others, decided on 5.7.2013.
2. Consequently, the instant petition is allowed and impugned order dated 31.3.2021 (Annexure P-1) is quashed and set side.
Pending miscellaneous applications, if any, also stand disposed of.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
7
th
September, 2021 Judge
(Guleria)
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