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Parveen Kumar vs State Of Himachal Pradesh And Another

High Court Of Himachal Pradesh · Decided on 5 October 2020 · Citation: (2020) 10 SHI CK 0264

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3845 Of 2020
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Judgment

5 paragraphs · 147 words

Tarlok Singh Chauhan, J

1.

The petitioner has completed the normal tenure of his service in tribal area and is, thus, entitled to be transferred and posted in soft area. The only ground, on which, his transfer is not being effected is that there is no substitute available or willing to join at the place of the petitioner.

2.

This Court in innumerable cases has already held that transfer of a person from tribal area to soft area cannot be withheld only because the substitute is not available or has not joined.

3.

Accordingly, the instant petition is disposed of with a direction to the respondents to transfer and post the petitioner in any one of the stations of his choice mentioned in para-7 of the petition within two weeks from today. Pending application(s), if any, shall also stand disposed of.

For compliance, to come upon 26.10.2020.