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2020 Supreme(HP) 433

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Bhajan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Mohit Thakur, Advocate, Pawan Gautam, Advocate, Ashok Sharma, Advocate, Ranjan Sharma, Advocate, Vinod Thakur, Advocate, Desh Raj Thakur, Advocate, Seema Sharma, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following reliefs:

    "(a) To set aside and quash the impugned Transfer Order dated 26th August, 2020 (Annexure P-1) at Serial No.3 and 4 qua the petitioner and the private respondent on the grounds that the petitioner is having one year four months for retirement, is yet to complete normal tenure, is having personal family circumstances (aged ailing mother), has been transferred to a place which is more than 85 Kms and that too during ban on transfers (Annexure P-3) and on other grounds as detailed.

      (b) To issue writ in the nature of Mandamus directing the respondents to allow the petitioner to continue at the present station till the date of retirement i.e. 31.12.2021 or posting of the petitioner may be allowed at some suitable station keeping in view the short date of retirement of the petitioner as per the clause 5.5 of the Transfer Policy."

      2. The petitioner, who is posted as Kanungo at Changar, Sub Tehsil Panjhera, Tehsil Nalagarh, District Solan,H.P., has been ordered to be transferred to Domehar, Tehsil Arki, District Solan, vide order dated 26

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