Shankar Dass v. State of Himachal Pradesh through Secretary Forests to the Government of Himachal Pradesh
2012-09-13
DEEPAK GUPTA, RAJIV SHARMA
body2012
DigiLaw.ai
JUDGMENT Per Deepak Gupta, J. The petitioner, by means of this petition, has challenged the order, dated 20th June, 2012, whereby he has been transferred from Triloknath Block, Udaipur Range, Lahaul Division to Forest Depot, Gemour in place of the private respondent, who was transferred from Forest Depot, Gemour to Sisoo Block. 2. Briefly stated, the facts of the case are that the petitioner prior to June 2012 was working in Forest Division at Kullu. He and one Prem Chand applied to the Government for their mutual transfer and pursuant to this request, the petitioner was posted at Triloknath Block, Udaipur Range, Lahaul Division and Prem Chand was posted at Kullu, Forest Division Kullu, in place of the petitioner. Triloknath Block happened to be the home range of the petitioner. Therefore, in terms of the judgment of this Court in CWP No. 2966 of 2012, titled as Mulk Raj vs. State of H.P. and ors, dated 7.5.2012 that no Forest Ranger should be permitted to work in his home range, the petitioner vide order dated 23.5.2012 was transferred from Triloknath Block to Sisoo Block. Before the said order could be implemented, another order was issued on 20.6.2012, whereby the petitioner was transferred to Forest Depot, Gemour and respondent No.4 was transferred to Sisoo Block. 3. The grievance of the petitioner is that he had come to Triloknath Block on mutual consent and he again may be adjusted nearby, since he is to retire in the month of November, 2012. Further, it is alleged that respondent No.4 belongs to Sisoo Block and it is his home range, therefore, respondent No.4 cannot be permitted to work there. 4. The fact that the Sisoo Block is home range of respondent No.4 is not disputed. Learned counsel for respondent No.4 states that his client has no objection to be posted in Forest Depot, Gemour. It is pertinent to mention here that consequent to the interim direction of this Court, the petitioner is working at Sisoo Block and respondent No.4 is working at Forest Depot, Gemour. The petitioner has only three months to retire. 5. Keeping in view all these facts, we allow the writ petition. The petitioner shall be permitted to work at Sisoo Block till his retirement and respondent No.4 shall work at Forest Depot, Gemour. Petition stands disposed of. All the pending application (s), if any, are also disposed of.