Satish Kumar vs State of H.P. and Others

Kurian Joseph, C.J.—The Writ Petition has been filed with the following prayer:

It is therefore respectfully prayed that the present petition may kindly be allowed and the impugned annexure P-1 order dated 21-1-2010, vide which the Petitioner has been transferred from Dharamshala to Mandi in an illegal, arbitrary & unconstitutional manner just to harass the Petitioner, may please be quashed & set-aside by issuing the writ of Certiorari with the further directions to the Respondents to allow the Petitioner to continue at Dharamshala only against the post of APRO, which is lying vacant till today, till his superannuation or against the post of Drama Inspector by issuing the writ of Mandamus keeping in view the facts & circumstances of the case & in the interest of justice.

In the nature of the order we propose to pass in this case, it is not necessary for us to go into the various factual details, at this stage. According to the Petitioner, without disturbing the 3rd Respondent or anybody else, he can be accommodated against the post of Assistant Public Relation Officer, Dharamshala. It is submitted that he has only less than two years to retire from service. Still further, it is submitted that he is a heart patient and posting at Dharamshala would help him to continue his treatment at Medical college, Tanda.

There will be a direction to the second Respondent to look into these aspects and take appropriate action in the light of the submissions of the Petitioner, some of which are recorded above. This shall be done within a period of two weeks from the date of production of the copy of this judgment alongwith a copy of the Writ petition by the Petitioner. At the time of presentation of the judgment as above, the Petitioner may be afforded an opportunity of hearing.

With these observations, the Writ Petition is disposed of, so also the pending application(s), if any.