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Harinder Singh v. State Of H.p. & Others

Harinder Singh v. State Of H.p. & Others

(High Court Of Himachal Pradesh)

CWP No. 2204 of 2021 | 28-06-2021

Tarlok Singh Chauhan, J.

1. The transfer of the petitioner is admittedly on the basis of D.O. note, therefore, the same cannot be sustainable and is accordingly set aside.

2. However, it appears that respondent No.3 is facing acute and adverse family circumstances, therefore, in such circumstances; we permit respondent No.3 to make representation setting out therein hardship(s) to her employer, who shall consider the same smpathetically within a period of two week and if warranted, pass an appropriate order of transfer. However, we make it clear that this order shall not be treated as precedent.

3. The petition is disposed of in aforesaid terms, so also the pending application.

“Copy Dasti”

Advocate List

  • Mr. K.B.Khajuria, Advocate.

  • Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Vikas Rathore, Addl. A.Gs. and Mr. Bhupinder Thakur, Dy. A.G., Mr. Kush Sharma, Advocate.

Bench
  • Hon'ble Mr. Justice Tarlok Singh Chauhan
  • Hon'ble Mr. Justice Chander Bhusan Barowalia
Eq Citations
  • LQ
  • LQ/HimHC/2021/2121
Head Note

i Employment and Labour Laws — Transfer — Order of transfer of petitioner on basis of D.O. note — Held, unsustainable and set aside ii Service Law — Hardship — Respondent No. 3 facing acute and adverse family circumstances — Held, permitted to make representation setting out therein hardship(s) to her employer, who shall consider the same sympathetically within two weeks and if warranted, pass an appropriate order of transfer