Anirudh Kumar vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Following order was passed in this matter on 01.08.2023:-

“Notice. Mr. Rupinder Singh, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 3. Issue notice to respondent No.4, returnable for 21.08.2023, on taking steps within two days. Reply/instructions be filed/ obtained before the next date.

Under impugned office order dated 28.07.2023 (Annexure P-1), the petitioner Veterinary Pharmacist has been transferred from Veterinary Dispensary Tundi (Chamba) to Veterinary Dispensary Urei (Bharmour) vice respondent No.4. It has been submitted that the petitioner has been transferred to tribal area, whereas he has already served hard/tribal area of Pangi valley in District Chamba. Further it has been submitted that the petitioner has not completed his normal tenure at the present place of posting and that he is left with less than 5 years to superannuate. Highlighting Clause 16.1 of the Transfer Policy dated 10.07.2023, it has also been submitted that the respondents are duty bound to make an effort not to post officials in difficult/tribal/ hard/remote area, who have crossed the age of 55 years.

Learned counsel for the petitioner submits that the impugned order has not been given effect to qua the petitioner and respondent No.4 as on date.

In view of above submissions, till the next date of hearing the impugned office order dated 28.07.2023 (Annexure P-1) shall remain stayed qua the petitioner and respondent No.4.

List on 21.08.2023.”

During the course of hearing today, learned Law Officer has placed on record copy of instructions memo dated 21.08.2023 and on that basis, submitted that the impugned office order dated 28.07.2023, vide which the petitioner was transferred from Veterinary Dispensary Tundi, District Chamba to Veterinary Dispensary Urei (Bharmour), District Chamba, has been cancelled vide office order dated 21.08.2023. Copy of the office order dated 21. 08.2023 has also been placed on record alongwith the instructions.

In view of the above, since the relief prayed for by the petitioner now stands granted to him, the writ petition to stand disposed of. Pending miscellaneous application(s), if any, also stand disposed of.