High CourtsDivision Bench

Dinesh Kumar vs State Of H.P. And Another

High Court Of Himachal Pradesh · Decided on 30 March 2021 · Citation: (2021) 03 SHI CK 0245

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2112 Of 2021
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Judgment

8 paragraphs · 265 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed by the petitioner for the grant of following substantive reliefs:

a) Issue a writ in nature of certiorari quashing the order dated 28.01.2021, Annexure P­6, passed by respondent No.2 whereby the case of the petitioner for transfer has been rejected arbitrarily.

b) Issue a writ in nature of mandamus directing the respondent to transfer the petitioner from present place of posting which is a tribal/difficult area to place of his choice in District Kangra/Hamirpur in terms of the judgment of this Hon'ble Court dated 23.10.2018 in CWP No. 2114 of 2018 and judgment dated 24.12.2020 in CWP No. 5801 of 2020.

c) Issue a writ in nature of mandamus that respondents are further directed to transfer and relieve the petitioner from present place of posting i.e. GHS Mooring, District Lahaul & Spiti, H.P. forthwith in relaxation to the condition of joining of the substitute in place of the petitioner.

2.

The petitioner has completed his normal tenure of service in a tribal area and thus, he is entitled to be transferred to a soft area as a matter of right. The petitioner has set­out the stations of his choice in para­12 of the petition.

3.

Accordingly, the instant petition is disposed of with a direction to respondent No.2 to treat this petition itself as a representation and consider and decide the case of the petitioner and issue consequential order of his transfer within a period of four weeks. Pending application(s) if any, also stands disposed of.

4.

For compliance, to come up on 11.05.2021.