SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(HP) 72

SABINA, SATYEN VAIDYA
Kailash Chand S/O Sh. Kalu Ram – Appellant
Versus
State Of Himachal Pradesh through Secretary Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sh. Tek Chand, Advocate
For the Respondent:Mr. Ashwani Sharma, Additional Advocate General

ORDER :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for grant of following reliefs :-

    “i. Issue a writ of certiorari thereby quashing and setting aside the impugned transfer dated 20.01.2022 (Annexure P-2) passed by Respondent.

ii. Issue a writ mandamus directing the Respondents not to implement the transfer order dated 20.01.2022.”

2. Petitioner has laid challenge to transfer order dated 20.02.2022, Annexure P-2, on the grounds, firstly that his transfer is result of D.O. Note and secondly, petitioner is suffering with multiple diseases and has been medically advised not to travel long distance. Lastly, it is also contended that the transfer order of petitioner has been issued despite the ban imposed by the government.

3. In response, the respondents have justified their administrative action on the grounds that the petitioner has completed his normal tenure at Government Middle School Majhakhal, under complex GSSS Janjehli, District Mandi and his transfer was approved by the competent authority. Petitioner belongs to cadre of Trained Graduate Teacher which is a State Cadre Post, therefore, petitioner is liable to be transferred anywhere in the State.

4. We have

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top