SURINDER KUMAR v. THE STATE OF HP AND OTHERS
Court: High Court of Himachal Pradesh
Bench: HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Judgment date:
Case summary
High Court of Himachal Pradesh judgment dated 2024-12-18. SURINDER KUMAR v. THE STATE OF HP AND OTHERS. Read the judgment and case details on LawSphereX.
Judgment text
2024:HHC:15033 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 15535 of 2024 Decided on : 18. 12. 2024 Sh. Surinder Kumar …Petitioner Versus State of Himachal Pradesh and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1 Whether approved for reporting? For the petitioner : Mr. Imran Khan, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner assails order dated 06. 12. 2024, Annexure P-1, in terms whereof the petitioner has been transferred from PAS Baijnath, District nd Kangra, H. P. to 2 IRBN Sakoh, District Kangra, H. P. 2. Learned counsel for the petitioner submits that the petitioner is to superannuate in the month of April, 2025. Accordingly, he submits that in the light of the fact that about four months now remain in the superannuation of the petitioner, 1Whether reporters of the local papers may be allowed to see the judgment?
2024:HHC:15033 the transfer order is bad, more so, in light of the fact that as the residence of the petitioner is in the vicinity of Baijnath, he may be permitted to continue to serve at his present place of posting i. e. PAS Baijnath, District Kangra, H. P and order dated 06. 12. 2024, Annexure P-1, be set aside. 3. Without dwelling on any other aspect of the matter and taking into consideration the fact that the petitioner has only about 3-4 months of service left, this Court is of the considered view that no public interest is going to be served by disturbing the petitioner at the fag end of his service career. Otherwise also, the transfer order indicates that 52 incumbents have been transferred in terms of the order, meaning thereby that it is a routine transfer order. The transfer order does not mention anything incriminating against the petitioner, so as to entail his transfer pending four months of his superannuation. 4. Accordingly, this writ petition is allowed.
Office order dated 06. 12. 2024, Annexure P-1, qua the petitioner, is quashed and set aside and respondents are directed to allow him to continue to serve at his present place of posting, till his superannuation. Pending miscellaneous application(s), if any, 2024:HHC:15033 also stand disposed of accordingly. (Ajay Mohan Goel) Judge December 18, 2024 (Shivank Thakur)
Source: High Court of Himachal Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.