In Gms Aulla vs State Of Himachal Pradesh
2021 Latest Caselaw 5689 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 10th DAY OF DECEMBER, 2021

                                  BEFORE




                                                               .
          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                      &
                HON'BLE MR. JUSTICE SATYEN VAIDYA





                 CIVIL WRIT PETITION NO. 7813/2021

    BETWEEN:





    SH. BANTOOR BERU,
    S/O SH. BIRBAL,
    RESIDENT OF VILLAGE & PO
    GHEORI, TEHSIL DEHRA,

    DISTRICT KANGRA, H.P.,
    PRESENTLY WORKING AS TGT (NON MEDICAL)

    IN GMS AULLA,U/C GSSS SEI KOTHI,
    DISTRICT CHAMBA, H.P.             ....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-1, H.P.
                                    ...RESPONDENTS

    (BY ASHOK SHARMA, A.G. WITH MR. RAJINDER DOGRA, SR.
    ADDL. A.G., MR. SHIV PAL MANHANS, MR. VINOD THAKUR,
    ADDL. A.GS. AND MR. BHUPINDER THAKUR, DY.A.G.)
    ___________________________________________________________________




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                                             2


                 This petition coming on for admission before notice this

    day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the

    following:




                                                                     .
                 ORDER

Notice. Mr. Vinod Thakur, learned Additional

Advocate General, appears and waives service of notice on behalf

of the respondents.

2. The instant petition has been filed for grant of the

following substantive reliefs:

"a. issue a writ in nature of mandamus directing the

respondents to transfer the petitioner from present place of

posting which is a difficult/tribal area to place of his choice in District Solan 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. b. 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. u/c GMS Aulla, u/c GSS

Sei Kothi, Tehsil Churah, District Chamba, H.P. forthwith in relaxation to the condition of joining of the substitute in place of the petitioner.

3 The petitioner has been continuously serving in the

tribal area ever since his appointment, therefore, in terms of the

transfer policy, he is entitled to be posted at one of the stations of

his choice, which are enumerated as under:

a. GMS Sai (Baddi), District Solan, H.P. b. GHS Budhwar, District Una, H.P.

c. GSSS Sanoli, District Una, H.P.

d. GSSS (B) Nalagarh (Solan), H.P.

e. GMS Chouli, u/c GSSS Rakkar, District Kangra, H.P.

4 Accordingly, the instant writ petition is disposed of

.

with a direction to the respondents to consider, decide and

thereafter issue consequential orders of transfer of the

petitioner, within a period of three weeks, without insisting upon

joining of the substitute. Pending application(s), if any, also

stands disposed of.

For compliance, list on 31.12.2021.

                                                 (Tarlok Singh Chauhan)

                                                         Judge


                                                     (Satyen Vaidya)


    10.12.2021                                            Judge
        (pankaj)