PRAKASH CHAND Vs. STATE OF H P
HIGH COURT OF HIMACHAL PRADESH
STATE OF H P
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(1.)Since both these petitions involve a common order of transfer dated 13.01.2020, the petitioner Prakash Chand has assailed the same as being illegal, arbitrary and contrary to all norms, whereas the petitioner Suresh Kumar Sharma in CWP No. 562 of 2020 has sought enforcement of the order, as such, the same are taken up together for hearing and are being disposed of by a common judgment.
(2.)These cases reflect a sorry state of affairs where the transfer of a Government servant has been effected on the request of a former Minister, who unfortunately is no longer in the land of living.
(3.)It is more than settled that after demitting the office, public representatives be it the Chief Minister, Minister, M.P. or MLAs, is on a par with common citizen, even though, by virtue of office held, he/she may be entitled to some protocols. The public office held by them becomes a matter of history and, therefore, cannot form the basis of reasonable classification to categorise previous holders of public office as a special category of persons entitled to the benefit of special privileges like making recommendation for transfer.
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