Himachal Pradesh High Court

CWP/8271/2021 of MULTAN SINGH Vs STATE OF HP AND OTHERS on 31 December 2021

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HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31st DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN & HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CIVIL WRIT PETITION NO. 8271 of 2021 Between:- MULTAN SINGH SON OF SHRI SAB SWAROOP SINGH AGE-52 YEARS ,

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31[st] DAY OF DECEMBER, 2021

BEFORE

HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN &

HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CIVIL WRIT PETITION NO. 8271 of 2021

Between:-

MULTAN SINGH SON OF SHRI SAB SWAROOP SINGH AGE-52 YEARS , RESIDENT OF VILLAGE LOHALI, POST OFFICE THANA KASOGA, TEHSIL DADAHU, DISTRICT SIRMOUR, PRESENTLY WORKING AS LAND REFORMS PATWARI, TEHSIL OFFICE RENUKA JI AT SANGARAH UNDER TRANSFER TO PATWAR CIRCLE LUDHIYANA, TEHSIL RENUKA JI AT SANGARAH, DISTRICT SIRMOUR, H.P.

…….. PETITIONER.

( BY MR. AJAY CHAUHAN, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (REVENUE) TO THE GOVERNMENT OF H.P.

2. DISTRICT COLLECOR SIRMAUR AT NAHAN, H.P.

3. SUB-DIVISIONAL OFFICER (CIVIL), SANGARAH, DISTRICT SIRMAUR, H.P. 4. TEHSILDAR/NAIB TEHSILDAR RENUKA JI AT SANGARAH, DISTRICT SIRMAUR, HIMACHAL PRADESH.

…..RESPONDENTS

Mr. Ashok Sharma, Advocate General with Mr. Ashwani Sharma, Additional Advocate General and Mr. Vikrant Chandel, Mr. Kunal Thakur, Deputy Advocate Generals, for the respondents-State.

This petition coming on for order this day, Hon’ble Mr. Justice Tarlok Singh Chauhan, passed the following:-

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O R D E R

The instant petition has been filed for grant of following substantive relief:

“i) That the impugned transfer order dated 10.12.2021 (Annexure P-1) may very kindly be quashed and set-aside and the petitioner may very kindly be ordered to be transferred from the present place of posting i.e. Land Reforms Patwari, Tehsil Office Renuka Ji at Sangarah to the following stations of his choice against vacancy or longer stay namely a). Office of Sub Division (Civil) Pachhad Copying Agency. B). Assistant Office Kanungo, Tehsil Pachhad C). District Revenue Office Nahan Record d). Land Acquisition Office (PWD) Nahan e). IPH Sub Division Jamta District Sirmaur H.P. in the interest of Justice.”

2. It is noticed that the petitioner has been serving in hard area at Tehsil Sangarh since February, 2007 and after completing his normal tenure of service he ought to have been posted at a soft station, that too one of his choice, but unfortunately he has been again transferred to hard station vide order dated 10.12.2021 to P.C Ludhiyana, Tehsil Renuka Ji, District Sirmour, H.P.

3. Learned counsel for the petitioner states that even though the transferred station is reflected as Tehsil Renuka Ji, whereas as a matter of fact, the headquarters are still at Sangrah. It is admitted fact that the petitioner has completed his normal tenure of service in hard area and therefore, as a matter of right, he is entitled to be transferred/posted at one of the stations of his choice as mentioned in prayer clause extracted hereinabove, in terms of the transfer policy issued by the State Government. 4. In view of the above, we deem it proper to dispose of the present petition by directing the respondents to consider the case of petitioner by posting him at a station of his choice within a period of four weeks from today and in the meantime operation of impugned order dated 10.12.2021 (Annexure P-1) shall remain stayed.

All pending applications stand disposed of.

( Tarlok Singh Chauhan), Judge.

31[st] December, 2021 (priti)

(Chander Bhusan Barowalia), Judge. Judge.

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