Bhoranj vs Union Of India & Anr (1993)1 Scc 148
2021 Latest Caselaw 5625 HP

                                                         .
    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.





             ON THE 8TH DAY OF DECEMBER, 2021





                          BEFORE
      HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                              &





            HON'BLE MR. JUSTICE SATYEN VAIDYA


            CIVIL WRIT PETITION NO. 7729 of 2021
BETWEEN:­


PANKAJ KUMAR, S/O SH. CHUNNI LAL,
RESIDENT OF VILLAGE GARSHAR,
POST   OFFICE   BHARERI,  TEHSIL


BHORANJ,    DISTRICT   HAMIRPUR,
HIMACHAL PRADESH.
                                               ...PETITIONER




(BY SURENDER VERMA, ADVOCATE)





               AND





1.   STATE OF HIMACHAL PRADESH
THROUGH        THE    SECRETARY
(EDUCATION ) TO THE GOVERNMENT
OF HIMACHAL PRADESH, SHIMLA­
171002.

2.  THE    DIRECTOR    ELEMENTARY
EDUCATION,     HIMACHAL   PRADESH,
SHIMLA­171001.

                                               ...RESPONDENTS




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                            2
(BY MR. RAJINDER DOGRA, SENIOR




                                                                .
ADDITIONAL ADVOCATE GENERAL WITH





M/S VINOD THAKUR, SHIV PAL MANHANS
AND HIMANSHU MISRA, ADDL. A.GS., AND
MR. BHUPINDER THAKUR, DY. A.GS. FOR





RESPONDENTS No. 1 & 2.)
_____________________________________________________________


                   This petition coming on for orders this day Hon'ble




                        ORDER

r to Mr. Justice Tarlok Singh Chauhan, delivered the following:­

Notice. Mr. Bhupinder Thakur, learned Deputy

Advocate General, appears and waives service of notice on behalf of

the respondents.

The instant petition has been filed for the grant of

following substantive relief:­

i) That the respondent No.2 may kindly be directed to consider the case of the petitioner for

his transfer/ adjustment against the vacant post of TGT ( Non­Medical) at GMS Bihar, under complex GSSS Mehal Bhoranj, District Hamirpur, within a period of one week.

2. Perusal of the petition shows that, save and

except for the individual hardship, no other factual and legal

ground has been taken by the petitioner in this petition. As regards

the individual hardship(s), the law is more than settled and the

same are to be considered by the employer.

.

3. Reference in this regard can conveniently be

made to the judgment of the Hon'ble Supreme Court in Rajendra

Roy Vs. Union of India & anr (1993)1 SCC 148.

4. Therefore, in these circumstances, without

treating this order as a precedent, we deem it proper to dispose of

this petition by directing the respondents to consider and decide

the prayer of the petitioner, sympathetically, made on 03.12.2021,

and take a decision thereupon within a period of two weeks from

today.

For compliance to come up on 05.01.2022.

(Tarlok Singh Chauhan) Judge

( Satyen Vaidya ) Judge December 8, 2021 (sushma)