Vipan Kumar Vs State of Hp and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 8285 of 2025 Date of Decision: 24.5.2025

_____________________________________________________________________ Vipan Kumar ……...Petitioner Versus State of Himachal Pradesh and Ors.

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……...Petitioner Versus …....Respondents

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Coram

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

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For the Petitioner: Mr. Ajeet Singh Saklani, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General.

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Sandeep Sharma, J. (Oral)

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Petitioner herein, who at present is working as Manual Assistant in Legal Metrology (W&M) Mandi Circle, District Mandi, Himachal Pradesh, is aggrieved of order dated 9.5.2025 (Annexure P- 1), whereby he has been transferred from afore station to the office of Assistant Controller, Legal Metrology (W&M) Chamba, Division, District Chamba, Himachal Pradesh, against vacant post of Manual Assistant.

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2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ajeet Singh Saklani, learned counsel for the petitioner is that though petitioner

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has not completed normal tenure at present place of posting, but yet on the DO note issued by respondent No.4, who is a worker of Congress Party, he has been ordered to be transferred to afore station which is at a distance of 300 kms from present place of posting.

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3. Pursuant to directions issued by this court, respondentState has placed on record instructions dated 23.5.2025, issued under the signature of Director, Food, Civil Supplies & Consumer Affairs, Himachal Pradesh, Shimla-9, perusal whereof reveals that petitioner Vipan Kumar remained posted in the office of Inspector Legal Metrology (W&M) Sunder Nagar Circle w.ef. 29.11.2011 to 22 3.2023 i.e. 11 years and four months and thereafter, he was deputed n the office of Inspector, Legal Metrology (W&M) Mandi Circle from 22.3.2023 to 9.5.2025 i.e. for 2 years and one month.

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4. Though Mr. Ajeet Singh Saklani, learned counsel for the petitioner attempted to argue that petitioner has not completed normal tenure at present place of posting, but once it is apparent from the aforesaid communication as admitted by the learned counsel for the petitioner that petitioner remained posted within 20kms of Mandi town for more than 14 years, no illegality can be said to have been committed by the respondents while passing impugned order. Though it came to be vehemently argued at the behest of the petitioner that his transfer has been effected on the basis of DO note, but perusal of impugned transfer order nowhere suggests same. Even if it is

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presumed that respondent No.5 had issued DO note, this Court having taken note of the fact that petitioner remained posted within 20 kms in Mandi Town for more than 14 years, there court sees no reason to interfere on the ground of DO note.

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5. Having taken note of adverse family circumstances of the petitioner, which came to be apprised to this Court during the course of the arguments, this Court deems it fit to dispose of the present petition with liberty to file representation within one week, praying therein for his adjustment at a convenient place, enabling him to take care of his ailing brother, who is stated to be 90% mentally disabled and there is none to take care of him, which shall be decided by the competent authority within one week thereafter. Ordered accordingly. Till the time, representation is decided by the competent authority within one week, impugned transfer order shall remain stayed. Pending applications, if any, also stand disposed of.

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May 24, 2025 (Sandeep Sharma), (manjit) Judge

Vipan Kumar v. State of Hp and Others

Case brief

What is this about?

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Vipan Kumar v. State of Hp and Others

Case brief

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Coram

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