Himachal Pradesh High Court
Pal Singh vs . State Of H.P. & Ors. on 26 May, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
Pal Singh Vs. State of H.P. & Ors.
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CWP No.3220 of 2023 26.05.2023 Present: Mr. Umesh Kanwar, Advocate, for the petitioner.
Mr. Prashant Sen, Deputy Advocate General, for the respondents No.1 to 3-State.
CWP No.3220 of 2023 Notice. Mr. Prashant Sen, learned Deputy Advocate General waives service and accepts notice on behalf of respondents and seeks one week's time to file reply. Time, as prayed, is granted.
Respondents No.2 and 3 are also directed to inform respondent No.4 about filing and date of listing of present.
Record be produced on the next date of hearing.
List on 02.06.2023.
CMP No.6365 of 2023The grievance of the petitioner is that he is suffering from kidney disease and going to retire on 31st March, 2024 i.e. within a period of about 10 months and has been displaced without considering these facts that too on the basis of DO Note in order to accommodate respondent No.4, but not in administrative exigency or in public interest.
It is further case of the petitioner that earlier vide order dated 06.04.2023 (Annexure P-2) respondent No.4 on his promotion was posted in Rajpur Forest Block against vacancy reflecting the said station vacant whereas petitioner was already serving at that place and therefore, petitioner was constrained to file CWP No.2050 of 2023, and the writ petition was dismissed on the basis of statement made on behalf of respondent that petitioner has not been ::: Downloaded on - 29/05/2023 20:36:40 :::CIS transferred from the present station of posting i.e. Rajpur Forest .
Block and liberty was granted to the petitioner to approach the Court in case of his transfer in violation of the transfer policy.
It has been submitted on behalf of petitioner that now, vide order dated 24.05.2023 (Annexure P-6), joining of respondent No.4 at Rajpur Forest Block has been communicated and on his joining, the petitioner though R.O. Bhagani, has been directed to hand over the charge to respondent No.4 and there is no direction to petitioner to go to any station. However, there is reference of some order dated 24.05.2023 and posting of petitioner in Forest Check Post Khodri Majri, Bhagani Range, District Sirmour, H.P. It has been further submitted by learned counsel for petitioner that by taking into consideration the grievance of the petitioner he was adjusted at Rajpur Forest Block on 3rd October, 2022 i.e. about seven months ago but he has been transferred within short span of eight months and thus in these circumstances, the petitioner has been constrained to file the present petition.
Taking into consideration the aforesaid circumstances, prima facie case is made out for interim directions. Therefore, impugned order Annexure P-2 dated 06.04.2023 and Annexure P-6 dated 24.05.2023 shall remain stayed till next date of hearing.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge May 26, 2023 (shivender) ::: Downloaded on - 29/05/2023 20:36:40 :::CIS