High CourtsDivision Bench(2021) 01 SHI CK 0134

Anil Kumar Rana vs State Of H.P & Others

High Court Of Himachal Pradesh · Decided on 8 January 2021

HON’BLE JUDGES
Sureshwar Thakur, J · Chander Bhusan Barowalia, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 5796 Of 2020

AI Structured Summary

Not yet generated for this judgment

Judgment

15 paragraphs · 256 words

Sureshwar Thakur, J

1.

Both the writ petitioner, and, co-respondent No.4 belong to the State cadre, and, can be posted in any of the District(s), within the State of

Himachal Pradesh.

2.

Further more, both the writ petitioner, and, co-respondent No.4, after completing their respective normal tenure of three years, at the station(s)

concerned, became transferred therefrom, hence through, the impugned Annexure borne in Annexure P-1.

3.

The grievance of the writ petitioner, in his hence casting a challenge upon the impugned Annexure, becomes rested, upon the factum, that despite

his earlier serving in a tribal area, in as much, as, Pangi, his yet, through the impugned order, becoming transferred, to a sub cadre area in as much, as,

to GSSS Ail, District Chamba, factum whereof, is supported by Annexure P-5, Annexure whereof(s), becomes signatured by the Director of

Elementary Education, Himachal Pradesh, and, hence assumes veracity.

4.

Be that as it may, even the learned counsel, for co-respondent No.4, submits that since he is faced with a severe diabetic and hypertension

condition, and, hence upon his transfer being made to a hard area concerned, thereupon his afore ailments shall become aggravated.

5.

Consequently, the writ petition is allowed, and, the impugned transfer order is cancelled, in so far, it relates to the writ petitioner. However, the

transfer of co-respondent No.4 be sympathetically considered, and, his transfer be made to a soft station, within, the State of Himachal Pradesh,

especially, for, his ensuring qua his afore ailments becoming hence mitigated.

Pending applications stand disposed of accordingly.