IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3940 of 2011 Date of Decision: 31.08.2011 Bal Krishan …Petitioner Versus. State of H.P. and others … Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the Petitioner: Mr. Neel Kamal Sood, Advocate. For the Respondents No. 1 & 2: Mr. Vivek Thakur, Addl. A.G. For the Respondent No.3: Mr. K.R.Thakur, Advocate. Deepak Gupta, J (oral) 1. The petitioner by means of this petition has challenged the order dated 25.5.2011 (annexure P-6) whereby he has been transferred from Patwar Circle Kanda to Patwar Circle Karshaigad. 2. It is not disputed that the petitioner was transferred to Patwar Circle Kanda on 16.5.2011 and pursuant to his transfer he was relieved on 23.5.2011 and reported for joining to the Tehsildar Anni on 25.5.2011. 3. Respondent No.2 in reply to para 13(ii) has clearly admitted that the petitioner has joined at Patwar Circle 2 Kanda and therefore, the joining report of respondent No.3 cannot be accepted. 4. Shri K.R.Thakur, learned counsel for respondent No.3 states that he has instructions from his client to state that his client has not made any request for his transfer. The petitioner has only one year and seven months to retire and once he has joined at the place of posting it would be unfair to ask him to again join at another place within a span of a few days. 5. Keeping in view the special circumstances of this case, it is ordered that the petitioner be permitted to continue at Patwar Circle Kanda till his superannuation. The petition is disposed of accordingly. No costs. 31st August, 2011. ( Deepak Gupta ) ™ Judge.