Surjeet Rattan vs State Of H.P. And Others
2021 Latest Caselaw 1098 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                       CWP No. 792 of 2021
                          Decided on: 17th February, 2021
    ____________________________________________________________




                                                                             .
    Surjeet Rattan





                                                     ....Petitioner
                          Versus





    State of H.P. and others
                                                   ...Respondents
    _____________________________________________________________
    Coram





    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge
    1Whether approved for reporting?
    ______________________________________________________
    For the petitioner:
                        r    Mr. Naresh K. Sharma, Advocate.

    For the respondents:                   Mr. Yudhvir Singh Thakur, Deputy
                                           Advocate General.
                                           THROUGH VIDEO CONFERENCING



    Vivek Singh Thakur, Judge (oral)

CMP No.1455 of 2021

Allowed and disposed of.

CWP No.792 of 2021

2. Notice. Mr. Yudhvir Singh Thakur, learned Deputy

Advocate General, appears and waives service of notice on

behalf of the respondents and seeks time to file reply.

3. Petitioner is serving as Drawing Master at GSSS

Shakrah, District Shimla, which is a post of District cadre.

The present petition has been filed seeking a direction to the

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

respondents to transfer him from District Shimla for his

inter-district transfer to District Bilaspur under 3% quota,

meant for such inter-district transfers, by considering his

.

representation dated 02.01.2021 (Annexure P-7).

4. In view of order proposed to be passed

hereinafter, no reply/response on behalf of the respondents is

necessary to be called for.

5. Considering the nature and prayer made

hereinabove, the present petition is disposed of with a

direction to respondent No.2, the Director, Elementary

Education, Himachal Pradesh, to consider the request/

representation of petitioner on or before 20.03.2021, after

giving him an opportunity of personal hearing, if desired so,

by passing a speaking and reasoned order.

6. At this stage, learned Deputy Advocate General

has pointed out that representation dated 02.01.2021

(Annexure P-7) has been addressed to respondent No.3,

Deputy Director, Elementary Education, Shimla, whereas the

decision is to be taken by respondent No.2, the Director,

Elementary Education, Himachal Pradesh. Being so, the

petitioner is at liberty to file a fresh detailed representation

before respondent No.2, on or before 25.02.2021 and

respondent No.2, on receipt of such representation, shall

decide the same as directed hereinabove, within a stipulated

period.

Pending miscellaneous application(s), if any, shall

also stand disposed of.

.

Copy dasti.

                                         (Vivek Singh Thakur)
                                            Vacation Judge
    February 17, 2021
     ( Gaurav)




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