Rajender Singh vs State Of Hp And Others
2021 Latest Caselaw 1020 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                           CWP No.698 of 2021
                              Decided on: 8th February, 2021
    ____________________________________________________________




                                                                         .
    Rajender Singh                                  .....Petitioner





                                              Versus

    State of HP and others                       .....Respondents





    _____________________________________________________________
    Coram
    Ms. Justice Jyotsna Rewal Dua, Judge





    1 Whether approved for reporting?
    ______________________________________________________
    For the petitioner:                       Mr. Ajay Kumar Dhiman, Advocate.
    For the respondents:                      Mr.   Ashok    Sharma,    Advocate
                      r                       General with Mr. Hemant Vaid &

                                              Mr. Arvind Sharma, Additional
                                              Advocates General and Mr. R.R.
                                              Rahi, Deputy Advocate General, for
                                              respondents No.1 and 2-State.
                                              (Through Video Conference)



    Jyotsna Rewal Dua, Judge (Oral)

Learned counsel for the petitioner submits that

the petitioner is presently serving as Centre Head Teacher in

GPS Ghatton, Education Block Sangrah, since the year 2016.

Vide impugned office order dated 01.02.2021 (Annexure P-1),

he has been transferred to GPS Koti Dhiman, Education

Block Dadahu. Learned counsel further submits that the

petitioner has already served in the hard area from 1986 to

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

1997 in GPS Arloo, Education Block Nohradhar and the place

where he has now been transferred under the impugned

order is also a hard area. In terms of the transfer policy, the

.

petitioner could not have been transferred to a hard area

once again as he has already served in a hard area. However,

no such documents are placed on record to show that the

place of petitioner's previous posting was a hard area or that

the place where he has now been transferred is a hard area.

2. Accordingly, the present writ petition is disposed

of by permitting the petitioner to prefer a representation in

the light of above submissions to respondent No.2 within a

period of one week from today, which shall be considered and

decided by the said respondent in accordance with the

transfer policy and factual position within a period of one

week thereafter. Till such time, the petitioner shall not be

compelled to join at the transferred station and may avail

leave of the kind due. Pending miscellaneous application(s), if

any, also stand disposed of.

Copy dasti.

                                                Jyotsna Rewal Dua
    February 08, 2021                             Vacation Judge
         (Mukesh)