BHAJAN SINGH Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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(1.)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 26.08.2020 which is around 85 kilometres away from the present place of posting.
(3.)The transfer has been challenged mainly on two grounds; firstly that the petitioner has less than two years to retire and secondly the transfer has been effected during ban period i.e. 23rd July 2020.
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