Safi Mohammad vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 2602 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                       CWP No.2285 of 2021




                                                                                      .

                                       Date of decision : 08.04.2021

    Safi Mohammad
                                                                          ... Petitioner





                                       Versus

    State of Himachal Pradesh and others
                                                                          ...Respondents
    Coram:





    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
    The Hon'ble Mr. Justice Anoop Chitkara, Judge.
    Whether approved for reporting?1

    For the Petitioner  :              Mr. Neeraj Kumar Shashwat, Advocate.
    For the Respondents :
                           r           Mr. Ashok Sharma, Advocate General with Ms. Ritta

                                       Goswami and Mr. Adarsh K. Sharma, Additional Advocates
                                       General and Mr. Yudhbir Singh Thakur, Deputy Advocate
                                       General, for the State.

    L. Narayana Swamy, Chief Justice (oral)

The petitioner, who is working as a Veterinary Pharmacist at Veterinary

Dispensary, Phindaru, Tehsil Pangi of Chamba District, H.P., has come up before

this Court seeking his transfer from Hard/difficult area to one of the stations of his

choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, issued by

the State Government, which provides that the normal tenure of stay of posting in

Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers.

In this regard, the petitioner has already made representation dated 18.2.2021

(Annexure P-5), which is still pending before the concerned authority.

1 Whether reporters of Local Papers may be allowed to see the judgment?

...2...

2. Notice. Mr. Adarsh K. Sharma, learned Additional Advocate

General, appears and accepts service of notice on behalf of the respondents.

.

3. In view of the nature of the order, we propose to pass, no response is

required from the respondents.

4. Consequently, this petition is disposed of directing the 1st respondent

to decide the representation of the petitioner dated 18.2.2021 (Annexure P-5), in the

light of the transfer policy occupying the field, within a period of two weeks. It is

clarified that while deciding the representation of the petitioner, the said respondent

shall consider the stations of choice of the petitioner as mentioned in his aforesaid

representation, subject to the condition that the incumbents posted there have

completed their normal tenure of posting, in accordance with the transfer policy. In

case none of them have completed the normal tenure then the office of the

respondent/authorities shall get in touch with the petitioner apprising him of vacant

stations where the incumbents have completed their normal tenure and the possible

places where the petitioner can be posted.

Pending application(s), if any, are closed.

Copy Dasti.

(L. Narayana Swamy) Chief Justice

(Anoop Chitkara), Judge April 8, 2021(KS)