High CourtsDivision Bench(2021) 08 SHI CK 0195

Kuldeep Singh vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 17 August 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5555 Of 2020

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 234 words

Tarlok Singh Chauhan, J

1.

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

“i) Issue a writ of certiorari to quash Annexure P- 1, i.e. impugned transfer order dated 07-11- 2020.

ii) Issue a writ of mandamus directing the Respondent authorities not to implement Annexure P-1 i.e. impugned transfer order dated 07-11-2020.

iii) Issue a writ of mandamus directing the respondent authorities to allow the petitioner to be continued at GSSS Rajot (Kangra) in the interest of

justice.â€​

2.

It is not in dispute that the incumbent who was ordered to be transferred in place of the petitioner has since retired on 31.07.2021. It is also not in

dispute that the petitioner, who was under transfer from GSSS, Rajot, Kangra to GSSS, Badiali, Kangra, is still continuing at Rajot, Kangra. Once the

incumbent has since retired, therefore, in view of this development, the petitioner cannot be ordered to be transferred to GSSS, Badiali, Kangra.

3.

Therefore, in the given facts and circumstances of the case, we deem it proper to dispose of the instant petition by directing the respondents to

permit the petitioner to continue working as Lecturer (SN) (History) at GSSS, Rajot, Kangra, till the time he does not complete his normal tenure of

service. Parties are left to bear their own costs. Pending application, if any, also stands disposed of.