Harmesh Thakur vs State of H.P. and Others

Kurian Joseph, C.J.—The challenge is on Annexure P-4, order of transfer, whereby the Petitioner has been disturbed within a month of joining his duty at Kala Amb. According to the 5th Respondent, the Petitioner has not joined duty at all. But, it is seen from the reply furnished by the Deputy Commissioner that the Petitioner had joined duty at Kala Amb on 3.4.2010. However, the 5th Respondent has not yet handed over the charge to the Petitioner and is on medical leave. We are informed that the 5th Respondent is on medical leave. We are also informed that the 5th Respondent has been working as Secretary of the Kala Amb, Gram Panchayat since last 8 years; whereas the Petitioner has come to that place only since a month. Even otherwise, we are informed that Satiwala is only around 25 kms. from Kala Amb. Even if the 5th Respondent is accommodated at Satiwala, it will not cause him any severe hardship.

Therefore, we set aside Annexure P-4, with a direction to Respondents No. 1 to 4 to retain the Petitioner at Kala Amb. It will be open to them to accommodate the 5th Respondent at Satiwala or any other vacant place, so pointed out by the 5th Respondent.

With these observations, the Writ Petition is disposed of, so also the pending application(s), if any.