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2021 Supreme(HP) 201

VIVEK SINGH THAKUR
Dinesh Gulati – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Sanjeev Bhushan, Senior Advocate with Mr.Rajesh Kumar, Advocate, through
For the Respondents:Mr.Desh Raj Thakur, Mr.Vivek Singh Attri, Advocate

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court for quashing two even dated impugned orders dated 26.3.2021 (Annexures P-2 and P-3), whereby vide order Annexure P-2 petitioner, posted in District Institute of Education and Training (DIET) Nahan, District Sirmour, H.P., has been repatriated to his parent department i.e. Higher Education and has been ordered to be posed at GSSS Dhamwari, District Shimla, H.P. against vacancy as Lecturer/Lecturer School New (Mathematics) and vide separate even dated order (Annexure P-3) respondent No. 4, serving as Lecturer/Lecturer School New (Mathematics) in Higher Education Department and posted at GSSS Ludhiana, District Sirmour, has been transferred/posted in DIET Nahan, District Sirmour H.P. against resultant vacancy.

2. Petitioner has laid challenge to his repatriation and transfer order on the ground that he has been transferred on the basis of D.O. letter, but not for administrative exigency, despite the fact that since last 18 years he has been performing his duties to the best of his abilities in DIET Nahan and his repatriation and posting as well as transfer/adjustment of respondent No. 4, is in violation of norms notif

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