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2013 Supreme(HP) 559

A.M.KHANWILKAR, KULDIP SINGH
Sanjay Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
For the petitioners(s):Mr. Vikrant Thakur, Advocate, in CWP Nos. 801, 802 and 1996 of 2013. Mr. Vivek Thakur, Advocate, in CWP No. 1469 of 2013.
For the Respondents:Mr. Shrawan Dogra, Advocate General with Mr. Romesh Verma, Addl. Advocate General and Mr. J.K. Verma, Dy. Advocate General for respondents in CWP Nos. 801, 802 and 1996 of 2013. Mr. Rajpal Thakur, Advocate, for respondents in CWP No. 1469 of 2013.

JUDGMENT

Kuldip Singh, Judge. This judgement shall dispose of CWP Nos. 801 of 2013-A , 802 of 2013-A, 1469 of 2013-G and 1996 of 2013-J, as common and overlapping questions of law are involved in all the petitions.

CWP No. 801 of 2013-A:

2. The petitioner has assailed his transfer vide office order dated 13.2.2013 from HPPWD Dharampur Division to HPPWD Sangrah Division against vacant post. The petitioner was regularized as Motor Mate on 15.11.2008 and was posted at Dharampur Division on 7.4.2010. It has been alleged that transfer of petitioner has been done with political manipulation and not in the public interest. He was threatened by a local politician for transfer. The State has not applied fair method while transferring the petitioner. The State has not considered the seniority of the petitioner. Some of the work inspectors have completed more than 15 years at Dharampur Division only, policy of pick and choose has been adopted for transferring the petitioner. The mother of the petitioner is 76 years old, who is under regular treatment. The petitioner is facing genuine problem. Sangrah is at a distance of 400 kilometers from Dharampur. The petitioner has been transferred under p




















































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