Munish Dutta Vs State of Hp

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2026:HHC:5434

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 1443 of 2026

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Decided on: 03.03.2026

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Dr. Munish Dutta … Petitioner Versus The State of H.P. … Respondents Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

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Whether approved for reporting?¹

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___________________________________________________________________ For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : Mr. Rahul Thakur, Deputy AG. Ajay Mohan Goel, Judge

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By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-

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“That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and the impugned transfer order dated 15.01.2026(Annexure P-6) may kindly be quashed and set aside qua the petitioner, in the interest of justice and fair play.”

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When this case was listed before the Hon’ble Vacation

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Judge on 28.01.2026, the following order was passed:-

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“CWP No. 1443 of 2026

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Notice. Mr. P.K Nadda, learned Additional Advocate General, appears and waives service of notice on behalf of the

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1 Whether reporters of the local papers may be allowed to see the judgment?

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2026:HHC:5434

respondent.

Let reply be filed to the petition within four weeks. List on 03.03.2026.

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CMP No. 1913 of 2026

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Notice in the aforesaid terms.

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By way of present application, the petitioner is seeking stay of notification dated 14/15.01.2026 issued by the respondent. Earlier vide notification dated 15.07.2024, the petitioner was temporarily deployed at Murrah Breeding Farm Barnoh, District Una till 31.01.2025, on medial grounds. Thereafter, vide notification dated 09.12.2025, the petitioner was transferred to Killar, District Chamba.

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Feeling aggrieved by the said order, the petitioner had instituted a Civil Writ Petition before this Court, which was registered as CWP No. 20105 of 2025, titled Dr. Munish Dutta Vs. State of H.P. The said writ petition was disposed of on 19th December, 2025 with a direction to the respondents to decide the representation filed by the petitioner within a week and further directed that the petitioner shall continue to work at the present place of posting, till the representation is decided. Now, vide Notification dated 14/15.01.2026, the petitioner has been posted as Assistant Director, Animal Husbandary, Sirmour at Nahan, District Sirmour against vacant post.

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The petitioner while making representation vide

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3

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2026:HHC:5434 Annexure P-4 (dated 11.12.2025) had submitted that his wife is suffering disability to the extent of 80%. It was also specifically mentioned that she is in COMA for the last more than four years and furthermore, the petitioner is going to retire on 30.09.2027.

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Keeping in view the peculiar facts and circumstances of the case coupled with the fact that no person has been posted at the place wherefrom the petitioner has been transferred, vide notification dated 09.12.2025, the impugned notification dated 14.01.2026, issued by the respondents shall remain stayed, till further orders.

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List on 03.03.2026”

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Today, learned Deputy Advocate General has handed over instructions dated 02.03.2026 received from the Director, Animal Husbandry, Himachal Pradesh, appending alongwith a notification dated 24.02.2026, relevant part of which notification reads as under:-

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“In partial modification of this Department's Notification No. AH-B006/8/2025-314511-P-I dated 14.01.2026 and in compliance of order dated 28.01.2026, passed by the Hon'ble High Court, in CWP No. 1443/2026-titled as Dr. Munish Dutta Vs State of H.P., the Governor, Himachal Pradesh is pleased to order temporary deployment of Dr. Munish Dutta, Assistant

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4

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2026:HHC:5434 Director at Murrah Breeding Farm Barnoh, Distt. Una till 30.06.2026 or availability of vacant post of Assistant Director at Una, whichever, is later. He will continue to draw his salary against his original place of posting i.e. Assistant Director, AH/B Sirmour at Nahan, Distt. Sirmour, H.P.”

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In light of this, this petition is disposed of but with liberty to the petitioner that if vacant post of Assistant Director at Una is not available by 15.06.2026, he may approach the Court again by way of a fresh writ petition, seeking such relief(s), as he may be entitled to.

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At this stage, learned Counsel for the petitioner submits that the petitioner has not been paid two months’ salary. It is directed that due and admissible salary be paid to the petitioner, more so in light of the fact that the petitioner has to meet the expenses of treatment of his ailing wife. Pending miscellaneous application(s), if any also stand disposed of accordingly.

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(Ajay Mohan Goel) Judge

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March 03, 2026 ( narender )

Munish Dutta v. State of Hp

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Munish Dutta v. State of Hp

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