Ashok Kumar vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

Aggrieved by the order of transfer, the petitioner has filed the instant writ petition for grant of following substantive reliefs:-

“i) That the impugned modification of transfer Notification/order dated 30.10.2020, Annexure P-3 issued by the respondent department, may kindly

be quashed and set aside in the interest of justice.

ii) That the applicant/petitioner may kindly be adjusted at nearby place of his home place against longer stay or against the post of an incumbent who is

due for superannuation on 31st December 2020 in GSSS Rehlu of Tehsil Shahpur, Distt. Kangra so that he can be taken care of by his family

members and that too at the verge of his retirement after one and half year.â€​

It is averred that the petitioner is a patient of cancer and thus, it shall be impossible for him to join at the transferred station in District Chamba and

keeping in view the fact that he is suffering from a serious ailment, he may be adjusted in and around District Kangra.

This indeed being a hard case, therefore, in the cumulative facts and circumstances, we dispose of the present writ petition with a direction to

respondent No.2 to consider the case of the petitioner sympathetically taking into consideration the ailment being suffered by him and if possible, direct

posting of the petitioner in District Kangra, preferably closure to his home.

For this purpose, we permit the petitioner to make a representation within one week from today. In the event of such representation being

preferred, necessary orders be passed thereupon within a further period of two weeks. However, it is made clear that this case shall not be treated as

a precedent in future. Pending miscellaneous application(s), if any, also stand disposed of.

Authenticated copy be supplied to learned counsel for the parties by the Court Master.