MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Admittedly, the transfer of the petitioner has been effected on the basis of a D.O. Note, therefore, the same is not sustainable in view of the judgment rendered by this Court in CWP No. 2862 of 2021 titled as Vipender Kalta vs. State of H.P., decided on 20/7/2021.

(2.) Consequently, the writ petition is allowed and the impugned transfer order dtd. 9/7/2021 is quashed and set aside. Since the petitioner has completed his normal tenure at the present place of posting, therefore, we make it absolutely clear that this order shall not come in the way of the official respondents to transfer the petitioner.

(3.) It would be noticed that the private respondent has resorted to course which may not be legally recognized, but nonetheless, taking into consideration her individual hardship, we permit her to make a representation to respondent No.2 within two weeks from today. The same shall be considered by the respondent sympathetically, taking into consideration her medical condition and appropriate order in this regard be passed within two weeks thereafter.