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Himachal Pradesh High Court

Jagdish Chand Jaswal vs State Of H.P. And Another on 19 May, 2017

Author: Dharam Chand Chaudhary

Bench: Dharam Chand Chaudhary

           IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                          CWP No. 604 of 2012




                                                                                        .
                                                          Decided on: 19th May, 2017





           Jagdish Chand Jaswal                                                   .......Petitioner





                                                       Versus
           State of H.P. and another                                             ...Respondents
           Coram





           The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
           Whether approved for reporting?1 No.
           For the petitioner:                        None.
           For the respondents:
                                    r                 Mr. Varun Chandel, Addl. A.G.

                   Dharam Chand Chaudhary, Judge (Oral)

In this writ petition, the petitioner has challenged the order of transfer, Annexure P-7, whereby he has been transferred from Sub Circle Lambloo under Development Block Hamipur to the office of Assistant Registrar, Co-operative Societies, Bilaspur against a vacant post. In the interim, on 31.01.2012, following orders came to be passed in this writ petition:-

"Notice. Petitioner shall not be compelled to be relieved in reference to the order dated 13.1.2012 (Annexure P-7). If the petitioner has not been relieved, he be allowed to continue to work as Inspector Co operative Society, Sub Circle Lambloo under Development Block Hamirpur."

Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

2. No one has turned up to assist this Court as to whether the petitioner stands relieved, pursuant to .

impugned order, Annexure P-7 from Lambloo and joined his duties at the transferred station i.e. Bilaspur or not.

Otherwise also, the challenge to the impugned order was on the grounds inter-alia that he being subjected to frequent transfers after a short span without allowing him to complete the normal tenure at the place(s) of his transfer and posting in violation of the Transfer Policy.

3. It is seen that transfer vide impugned order, Annexure P-7 was ordered on 13th January, 2012. Now, a period over five years has elapsed. Therefore, the grounds on which the impugned order has been sought to be quashed and set aside with the passage of time are now ceases to exist. It is for this reason, the petitioner seems to have lost interest in the writ petition, hence not present.

4. The writ petition being devoid of any merit is, therefore, dismissed. The interim order shall stand vacated.

Pending application(s), if any, shall also stand dismissed.

    May 19, 2017                           (Dharam Chand Chaudhary)
         (naveen)                                   Judge




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