Himachal Pradesh High Court
Jagdish Chand Son Of Sh. Chandu Ram vs State Of H.P. And Others Dated on 6 September, 2021
Bench: Tarlok Singh Chauhan, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 6th DAY OF SEPTEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION NO. 5385 OF 2020
Between
JAGDISH CHAND SON OF SH. CHANDU RAM
AGED ABOUT 54 YEARS, R/O VILL. DIBLA,
PO TAROUN, TEHSIL GHUMARWIN,
DISTRICT BILASPUR, H.P. WORKING AS
PEON IN GHS TARAUN, DISTT. BILASPUR, HP.
....PETITIONER
(BY SH KUL BHUSHAN KHAJURIA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH SECRETARY
(EDUCATION) TO THE GOVT. OF H.P.
2. DIRECTOR,DEPARTMENT OF HIGHER
EDUCATION, SHIMLA
3. DEPUTY DIRECTOR OF HIGHER EDUCATION
BILASPUR, H.P.
4. SH. KHAIR DEEN SON OF NOT KNOWN
TO THE PETITINER, WORKING AS PEON
IN GHS TARAUN, TEHSIL GHUMARWIN,
DISTRICT BILASPUR, HP.
....RESPONDENTS
(BY SH. HEMANSHU MISRA, ADDITIONAL
ADVOCATE GENERAL )
(SH. MOHIT THAKUR, ADVOCATE FOR
RESPONDENT NO.4.)
_________________________________________________
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2
This civil writ petition coming on for admission after
notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered
.
the following:
JUDGMENT
Record reveals that transfer of the petitioner has been effected on the basis of recommendation made by a person, who has nothing to do with the administration and working of respondent-
department. In view of this, transfer order dated 12.10.2020 is not sustainable in the eyes of law. Reference in this regard can conveniently be made to the judgment passed by this Court in CWP No. 2862/2021 Vipender Kalta Vs. State of H.P. and others dated 20.7.2021.
2. Consequently, the instant petition is allowed and impugned order dated 12.10.2020 is quashed and set side. Since, the petitioner has completed his normal tenure, therefore, this order shall not come in the way of the respondent-department in further considering the case of the petitioner for transfer in accordance with law and rules.
Pending miscellaneous applications, if any, also stand disposed of.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
6
th
September, 2021 Judge
(Guleria)
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