Amit Kumar vs State Of H.P. & Ors

Himachal Pradesh High Court

Amit Kumar vs State Of H.P. & Ors on 30 November, 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 9551 of 2023 Decided on: 30.11.2023 Amit Kumar ........Petitioners .

Versus State of H.P. & Ors .......Respondents Coram HON'BLE MR. JUSTICE RANJAN SHARMA, JUDGE WHETHER APPROVED FOR REPORTING?

of For the petitioner : Mr. C.D. Negi, Advocate.

    For the respondents     : Mr. Vishal Panwar,             Additional
                rt            Advocate General.
    Ranjan Sharma, (Oral)

Notice. Mr. Vishal Panwar, learned Additional Advocate General appears and waives service of notice on behalf of the respondents.

2. The petitioner, being Drawing Master has filed the instant writ petition, seeking the following reliefs:-

i) That the respondent No.2 may kindly be directed to consider the case of present petitioner vide Annexure P-1 & P-2 within time bound manner in the interest of justice and fair play.

ii) That the respondent may kindly be directed to transfer the present petitioner from Govt.

Middle School Garshu, U/C Govt. Sr. Sec. School Chhota Kamba, District Kinnaur, H.P. ::: Downloaded on - 02/12/2023 20:31:39 :::CIS 2 to any of station where the posts of Drawing Master is lying vacant or longer stay where the petitioner can be easily adjusted."

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3. Case of the petitioners as submitted by the learned counsel is that the only grievance of the petitioner is that he joined service as Drawing Master on 6.3.2017 on contract basis and he was of regularized on 13.5.2020 by the State Government.

The petitioner is presently serving in GMS Garshu rt w.e.f. 7.7.2023 and is continuing as such till day. He further submits that the petitioner had requested for Inter District Transfer on 30.10.2023, Annexure P-2, as per the existing Inter District Transfer Policy from District Kinnaur to District Mandi being a Drawing Master to C & V, District Cadre.

4. A perusal of the application dated 30.10.2023, Annexure P-2, reveals that the petitioner in Column No.17 requested for Inter District Transfer on medical grounds. A reference is also made to a judgment passed by Division Bench of this Court in CWP No.4235 of 2019, titled as Pankaj Kumar ::: Downloaded on - 02/12/2023 20:31:39 :::CIS 3 versus State of Himachal Pradesh and others, decided on 7.10.2020 whereby, in view of the mandate of Article 12 of the Universal Declaration on .

the Human Genome and Human Rights and Section 25 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full of Participation) Act, 1995, the Division Bench of this Court had directed the respondents to consider the case of the petitioner therein for Inter District Transfer rt Policy, in view of his disability.

5. Learned counsel for the petitioner places reliance upon the judgment in case of Pankaj Kumar, (Annexure P-3, supra) for Inter District Transfer, on medical grounds in view of the principle of law, in the aforesaid judgment.

6. Per contra, Mr. Rajan Kahol, learned Additional Advocate General submits that the petitioner has not enclosed the required medical certificate so as to enable the authorities, to examine ::: Downloaded on - 02/12/2023 20:31:39 :::CIS 4 his case, in terms of the mandate in the case of Pankaj Kumar, Annexure P-3(supra).

7. Faced with this situation, learned counsel .

for the petitioner, on instructions, prays that he may be permitted to file a representation and to furnish the medical certificate in support of his application for of Inter District Transfer (Annexure P-2), to the Respondent No.2-Director, Elementary Education, Himachal Pradesh. The prayer being innocuous, is not rt opposed is granted in the interest of justice. Needful be done by petitioner within one week from today.

8. Accordingly, this Court, disposes of this writ petition with direction to the Respondent No.2- Director, Elementary Education, Himachal Pradesh to consider/examine the application and medical certificate(s), claiming Inter District Transfer on medical ground, in terms of the judgment of this Court in the case, of Pankaj Kumar, Annexure P-3(supra);

and then to pass appropriate orders in the matter within next three weeks.

9. Needless to say that, this Court has not adverted to the merits of the matter and all questions of .

facts of law are left open.

Pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.

of (Ranjan Sharma) Judge November 30, 2023 rt (himani) ::: Downloaded on - 02/12/2023 20:31:39 :::CIS