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2013 DIGILAW 400 (HP)

RAKESH KUMAR THAKUR v. SECRETARY (PUBLIC WORKS)

2013-05-07

KULDIP SINGH, SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. 1. IN terms of the impugned order of transfer dated 06.04.2013, petitioner Rakesh Kumar Thakur has been transferred from Sub Division-VII, Shimla under Division-III, Shimla to AE to EE Rohru Division with TTA/JT. 2. IN terms of interim orders dated 10.04.2013, petitioner is continuing to serve at the original place of his posting. Mr. M.A.Khan, learned Additional Advocate General, has placed on record communication dated 06.05.2013 which reads as under:- "I am directed to say that CWP No. 2019 of 2013- Sh. Rakesh Kumar Thakur Vs. State of H.P. is scheduled to be listed on 7.5.2013. In this case, the petitioner, Sh. Rakesh Kumar Thakur has agitated his transfer from Sub-division-VII Shimla under Division Shimla-III to Rohru as AE to EE Rohru issued vide notification dated 6.4.2013. In order to settle this case, the petitioner, Sh. Rakesh Kumar Thakur, was given personal hearing on 1.5.2013 and it was decided to adjust him at Shimla, however, approval of the competent authority is still awaited in this matter. Therefore, you are requested to seek 2 weeks more time for filing appropriate reply/position to the petition and defend the Government in this behalf on 7.5.2013." 3. IN view of the same and the assurance to the effect that petitioner shall be adjusted at Shimla, present petition is disposed of clarifying that it shall be open to the authorities to adjust the petitioner anywhere at Shimla. 4. PETITIONER cannot claim any right to remain posted on a particular seat. It is urged that private respondent has served in Shimla for more than 19 years which fact is disputed at the Bar. It is open for the authorities to also look into this aspect and take appropriate action. With the aforesaid observations, present petition stands disposed of, so also, the pending application (s), if any. Copy dasti.