High CourtsDivision Bench

Neeraj Kumar vs State Of H.P. And Ors

High Court Of Himachal Pradesh · Decided on 10 April 2023 · Citation: (2023) 04 SHI CK 0061

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No.2654 Of 2022
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Judgment

8 paragraphs · 248 words

Sabina, J

1.

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:-

"i).That the impugned office order dated 28.04.2022, whereby the petitioner has been ordered to be transferred from Govt. Primary School Dughar, Education Block Sundla, District Chamba, to GPS Nagour, Education Block Sundla, District Chamba, against the vacant post may very kindly be allowed to work at the present place of posting keeping in view of his adverse family circumstances in the interest of justice."

2.

Learned counsel for the petitioner has submitted that the petitioner had completed his normal tenure in sub-cadre area, whereas he has been again transferred to a sub-cadre area, vide impugned transfer order dated 28.04.2022.

3.

Learned Deputy Advocate General has submitted that the petitioner had been posted at Government Primary School, Dughar since 16.08.2017. In fact, Government Primary School, Dughar falls in a soft area and not in a sub-cadre area, as alleged by the petitioner. Since, the petitioner has completed his normal tenure at the present place of posting, the transfer order dated 28.04.2022 (Annexure P-1), is liable to be upheld, vide which petitioner had been transferred from Government Primary School, Dughar to Government Primary School, Nagour. Moreover, petitioner has been transferred within district.

4.

Learned counsel for the petitioner has failed to controvert the submissions made by learned Deputy Advocate General. Accordingly, no ground for interference is made out.

5.

Dismissed.

6.

Pending miscellaneous application(s), if any, shall also stand disposed of.