The Himachal Pradesh High Court disposed of a petition, praying to issue a writ of mandamus directing the respondents to transfer the petitioner from Govt. Sr. Sec. School Ghatu, in terms of Transfer Policy-2013, coupled with the couple case of the petitioner, preferably to the stations as mentioned in Para 6 of the Writ Petition. The Court observed that an employee including the petitioner has a right to be considered for posting in terms of Clause 5.4 of the Policy, subject to public interest and administrative exigencies.
Brief Facts:
The petitioner was appointed as a Lecturer (Economics) on 30.10.1998. On promotion to Principal (School Cadre), the petitioner joined his posting in Government Senior Secondary School Ghatu, Tehsil, where the petitioner is working as yet. The grievance of the petitioner is that the wife of the petitioner Smt. Chinta Devi is working as a Lecturer (English) at Government Senior Secondary School Bagla, Tehsil, and keeping in view the provisions of Clause 5.4 which provides for certain concessions to couple serving employees for being considered for posting at one place or nearby places as far as possible subject to vacancy. The petitioner submitted a representation to the Principal Secretary but the representations so made by the petitioner for considering his case for posting in terms of Clause 5.4 of the Transfer Policy have not been taken to the logical end till today.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the petitioner has mentioned the vacancies that are available in Government Senior Secondary School Pairi, where his case could be considered for posting/adjustment.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the petitioner is a Principal (School Cadre) and he belongs to the State Cadre Service in the Education Department. He further submitted that the petitioner has neither any right nor locus standi to seek posting at the stations of choice or convenient stations, because the petitioner was transferred and posted on promotion to Principal (School Cadre).
Observations of the Court:
The Court observed that this case is the exception to the aforesaid principle for the reason that once the State Government has issued a transfer policy and Clause 5.4 as referred to above, provided for certain concessions for serving a couple employees, then, an employee including the petitioner has a right to be considered for posting in terms of the Clause 5.4 of the Policy, subject to public interest and administrative exigencies.
The decision of the Court:
The Himachal Pradesh High Court, disposing of the petition, held that the respondents are directed to examine/consider the representation dated 03.12.2023 and the representation dated 17.12.2023 and to pass appropriate orders, in the light of Clause 5.4, after affording a personal hearing to the petitioner
Case Title: Prakash Chand v State of H.P. & Ors.
Coram: Hon’ble Justice Ranjan Sharma
Case no.: CWP No.10985 of 2023
Advocate for the Petitioner: Mr. Rakesh Chaudhary
Advocate for the Respondents: Mr. Rajan Kahol
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