Kangra vs State Of Himachal Pradesh Through
2021 Latest Caselaw 5681 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

           ON THE 26th DAY OF NOVEMBER, 2021




                                                      .

                          BEFORE

       HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                            &





           HON'BLE MR. JUSTICE SATYEN VAIDYA


              CIVIL WRIT PETITION No. 7428 of 2021





        Between:-

         SUNIL KUMAR S/O SH. RANJEET SINGH, R/O VILLAGE
         JARA, & PO KHERAINA, TEHSIL NURPUR, DISTRICT

         KANGRA, H.P., PRESENTLY WORKING AS TGT (MEDICAL)
         IN GSSS RAILA, TEHSIL CHURAH, DISTRICT CHAMBA,

                                                 ......PETITIONER.

        (BY SH. MUKUL SOOD, ADVOCATE)



        AND

        1.  STATE   OF   HIMACHAL   PRADESH    THROUGH




        SECRETARY   (ELEMENTARY   EDUCATION)   TO   THE
        GOVERNMENT OF HIMACHAL PRADESH-171002, H.P.
        2. THE DIRECTOR ELEMENTARY EDUCATION TO THE





        GOVT OF HIMACHAL PRADESH, SHIMLA, H.P.

                                            .





                                   .....RESPONDENTS.


        (SH. ASHOK SHARMA, ADVOCATE GENERAL
        WITH SH. RAJINDER DOGRA, SENIOR
        ADDITIONAL ADVOCATE GENERAL,
        SH. HEMANSHU MISRA, ADDITIONAL
        ADVOCATE GENERAL AND SH. BHUPINDER
        THAKUR, DEPUTY ADVOCATE
        GENERAL, FOR RESPONDENTS-1 AND 2)




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              This petition coming on for orders before

    notice this day, Hon'ble Mr. Justice Tarlok Singh




                                                         .

    Chauhan, passed the following:

                          ORDER

Notice. Mr. Rajinder Dogra, learned Senior

Additional Advocate General, appears and waives

2. to service of notice on behalf of the respondents.

The instant petition has been filed for grant

of the following substantive reliefs:-

"i) Issue a writ in nature of mandamus directing the respondent to transfer the

petitioner from present place of posting which is a difficult area sub-cadre to place of his

choice in District Kangra in terms of the

judgment of this Hon'ble Court dated 23.10.2018 in CWP No. 2114 of 2018 and

Judgment dated 24.12.2020 in CWP No. 5801 of 2020;

ii) Issue a writ in nature of mandamus that respondents are further directed to transfer and relieve the petitioner from present place of posting i.e. GSSS Raila, District Chamba, H.P. forthwith in relaxation to the condition of

joining of the substitute in place of the petitioner;

.

3. A perusal of the petition would go to show

that the petitioner has completed his normal tenure of

service in tribal area. Therefore, he is entitled to be

transferred from the tribal area to a soft area, that too a

station of his choice,

to in terms of the transfer

policy/guidelines framed by the Government in this

regard. The petitioner has given five stations of his

choice in paragraph-9 of the instant petition, which are

enumerated as under:

a) GMS, Nurpur, District Kangra, H.P.

b) GSSS Jolna, U/C GSSS Morthu, District

Chamba, H.P.

c)GSSS Amni, District Kangra, H.P.

d) GSSS Behi Pathiar, District Kangra, H.P.

e) GSSS Bhadwar, District Kangra, H.P.;

4. In this view of the matter, we dispose of this

petition with a direction to the respondents-State to

consider the case of the petitioner and thereafter

consequential order of transfer be passed, positively

.

within a period of two weeks from today.

5. Pending application, if any, also stands

disposed of.

For compliance to come up on 24.12.2021.

                  r        to      (Tarlok Singh Chauhan)

                                              Judge


                                              (Satyen Vaidya )
                                                     Judge


    26th November, 2021.
    (kalpana)