Arun Kumar vs State of H.P. and Another

V.K. Ahuja, J.—Petitioner, who has been working as Junior Engineer in the office of Nagar Panchayat, Bhuntar, District Kullu, has been transferred to Nagar Panchayat, Banjar in District Kullu, vide impugned transfer order (Annexure P-9), dated 6.12.2010, which is under challenge.

A notice of the petition was issued to the Respondents and reply was filed by them.

From a perusal of the reply filed by the Respondents, it is clear that the Petitioner had been working at Bhuntar since 1998. He has already spent number of years at Bhuntar and now he has been transferred to Banjar. It is pertinent to mention that in between, the Petitioner was transferred from Bhuntar, but he managed to get the earlier transfer orders canceled on representation.

It is submitted by the learned Counsel for the Petitioner that the Petitioner has set out his case in a representation submitted to Respondent No. 1 (Annexure P-15), which representation is undated. A copy of the said representation was filed before this Court on 8.12.2010, which suggests that the representation was filed to Respondent No. 1 before that date. It is also clear that this representation has so far not been decided by Respondent No. 1, meaning thereby that no orders have been passed by him so far.

Therefore, in the event of the Petitioner filing a copy of the representation alongwith a copy of this judgment and a copy of the writ petition within three days from today before Respondent No. 1, he will look into the representation and pass orders accordingly within another two weeks. Till orders, as above, are passed by Respondent No. 1, the Petitioner may avail leave of kind due and shall not be compelled to join the new station.

The writ petition stands disposed of accordingly, so also the pending application(s), if any. Interim order, if any, also stands vacated.