Himachal Pradesh High Court
Santosh Kumar vs Coram on 16 February, 2021
Bench: Vivek Singh Thakur
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 771 of 2021
Date of Decision 16th February, 2021
________________________________________________________
Santosh Kumar ...Petitioner
Versus
State of HP
Coram
r to ....Respondent
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?1
______________________________________________________________
For the Petitioner: Mr. Mukul Sood, Advocate, through
Video Conferencing.
For the Respondent: Mr. Nand Lal Thakur, Additional
Advocate General, through Video
Conferencing.
__________________________________________________________________
Vivek Singh Thakur, J.
CMP No. 1408 of 2021
Allowed and disposed of.
CWP No. 771 of 2021
Notice. Mr. Nand Lal Thakur, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondent and seeks time to file reply.
Whether Reporters of Local Papers may be allowed to see the judgment? Yes
2 Petitioner has approached this Court by way of
present writ petition seeking direction to the respondent for his
.
transfer from present place of posting, which is a difficult area, to
the place of his choice in District Kangra/Mandi.
3 In view of order proposed to be passed, no reply or
instructions are necessary to be called for from the respondent.
4 Petitioner has approached this Court earlier by filing
CWP No. 2921 of 2019 titled Santosh Kumar Sood vs. State of
H.P., which was disposed of vide order dated 17 th June, 2020 on
the first date of hearing by the Division Bench of this Court with
liberty to petitioner to make a fresh representation to the
Secretary (Education) to the Government of Himachal Pradesh
with further direction to the said respondent to decide the same
in the light of transfer policy occupying the field and pass
appropriate orders within two weeks.
5 In compliance of that order, the Secretary
(Education) to the Government of Himachal Pradesh has ordered
the transfer of petitioner to Government Senior Secondary
School, Swad District Mandi against vacant post vide order dated
27th July, 2020.
6 It is the case of petitioner that keeping in view his
previous posting, he was required to be posted in soft area,
whereas, he was posted at Swad and as per notification dated 3 rd
October, 2016 issued by the Department of Personnel (HP), at Sr.
No. 10 Chuhar Ghati of District Mandi is a difficult area Sub-Cadre
.
and Government Senior Secondary School Swad is situated in
Chuhar valley of District Mandi and though, he, in compliance of
order passed by the Secretary (Education) to the Government of
Himachal Pradesh, had joined in GSSS Swad, but, he had again
represented to Secretary (Education) vide representations dated
24th September, 2020, 29th October, 2020 and 5th February, 2021
for his posting in soft area and in the last representation dated
5th February, 2021, he has also mentioned five stations, which
are either vacant or likely to be vacant in near future. Further
case of petitioner is that he is 55 years old and as per transfer
policy, he is required to be posted at soft area.
7 Be that as it may, present petition is disposed of with
direction to respondent to pass an appropriate speaking and
reasoned order in response to representations of petitioner
mentioned herein-above on or before 15th March, 2021 in
accordance with Rules, Policy and law as applicable.
8 Needless to say that order shall be passed after
giving personal hearing to petitioner, if desired so.
Petition stands disposed of accordingly including any
.
pending application(s).
February 16, 2021 (Vivek Singh Thakur)
(ms) Judge
r to
