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High CourtsDivision Bench(2021) 10 SHI CK 0007

Kishori Lal vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 5 October 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5044 Of 2021
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Judgment

8 paragraphs · 337 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for the grant of following relief:-

"That appropriate writ order or direction may very kindly be issued and the impugned office order (Annexure P-2) dated 28.08.2021 may very kindly be quashed and set aside by further permitting the petitioner to perform his duties at Government Senior Secondary School Saigaloo, in the interest of law and justice."

2.

A perusal of the record reveals that the order of transfer was issued pursuant to the representation accompanied by the recommendation of the local Pradhan. What prevailed upon the competent authority to issue the order of transfer is not the representation made by the respondent but the recommendation accompanied such representation of the local Pradhan. Obviously such transfer cannot be sustained as being influenced and based upon a recommendation of a person who has nothing to do with the administration or the administrative department to which the petitioner belongs.

3.

Consequently, in view of the decision rendered by this Court in CWP No.2862 of 2021, titled as Vipender Kalta Vs. State of H.P. decided on 20.07.2021, the impugned transfer order dated 28.08.2021 (Annexure P-2) is quashed and set aside. However it is noticed that the private respondent has made a representation on account of individual hardship being faced by him, more particularly the medical condition of his father, which prompted him to approach the local Pradhan for the recommendation.

In the given facts and circumstances of the case, we deem it proper to permit the private respondent to make a representation setting out station of his choice preciously within a period of one week from today, which shall positively be considered by the respondents sympathetically in light of the judgment of the Hon'ble Supreme Court in Rajendra Roy Vs Union of India and another (1993) 1 SCC 148 within a period of three weeks thereafter.

The instant petition is disposed of in the aforesaid terms, so also the pending miscellaneous application(s), if any.

Compliance to come up on 16.11.2021.