Kaul Ram vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Notice. Mr. Anil Jaswal, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. In view of the

nature of order being passed hereinafter, there is no need to call for reply from the respondents.

The petitioner is a Patwari, who vide office order dated 08.09.2020, was posted at Patwar Circle Karyali, Sub-Tehsil Jalog, District Shimla. After

putting in around eight months of service at PC Karyali, he has now been transferred to Patwar Circle Khamari, Tehsil Nankhari, District Shimla, vide

impugned office order dated nil, June, 2021 (Annexure P-1).

Learned counsel for the petitioner submits that the impugned transfer of the petitioner has been ordered mechanically only on the basis of a D.O.

note. The petitioner has completed just about eight months of service at his present place of posting. It is also emphasized that the petitioner has been

transferred to a place at a distance of around 150 kms. from his home, which would also make it difficult for him to attend to his aged and seriously ill

parents. Learned counsel further submits that no one else has been posted in place of the petitioner till date. The documents attached with the petition

reflect that the petitioner has already preferred a representation to the Hon’ble Chief Minister, Himachal Pradesh.

Keeping in view the submissions made and the grounds raised for assailing the transfer, it would be in the interest of justice to dispose of the

present petition by permitting the petitioner to submit a representation regarding his impugned transfer, to the competent authority/respondent No.2

within a period of two weeks from today. In case such a representation is so filed within the aforesaid period, then the same shall be considered and

decided in accordance with law by the competent authority within a week thereafter. Ordered accordingly. Till such time, operation of the impugned

office order dated nil, June, 2021 (Annexure P-1) shall remain stayed qua the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Copy dasti.