Vijay Kumar vs State Of Himachal Pradesh & Others
2021 Latest Caselaw 1106 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 845 of 2021-E

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                                   Date of Decision : February 18 , 2021





    Vijay Kumar                                                    ...Petitioner.
                                   Versus





    State of Himachal Pradesh & others                             ...Respondents.

    Coram:

The Hon'ble Mr. Justice Vivek Singh Thakur, Vacation Judge.

Whether approved for reporting?1 No. For the petitionerr : Mr. Rakesh Kumar Dogra, Advocate.

For the respondent : Mr. Dinesh Thakur & Mr. Nand Lal Thakur, Additional Advocate Generals and Mr.

Yudhbir Singh Thakur, Dy.A.G. for respondents/State.

COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

Per: Vivek Singh Thakur, Vacation Judge. (Oral)

Notice. Mr. Dinesh Thakur, learned Additional Advocate

General appears and accepts service of notice for all the

respondents and seeks time to file reply.

2. The present petition has been filed seeking a direction

to the respondents to transfer the petitioner, from the present

place of posting to the station of his choice, as stated in para-7 of

the petition, on the grounds that the petitioner is posted at the

present place of posting since October, 2017 and has thus

completed more than 3 years of service at that station, which is

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

a hard/tribal area. It is further submitted by the petitioner that

his representations (Annexure P-1 & P-3) are pending

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consideration before respondent No. 2 since January, 2021.

3. Learned Counsel for the petitioner submits that the

petitioner would be content in case the respondent/competent

authority is directed to consider and decide the representations

of the petitioner for his transfer from the present place of posting

to the station of choice, as per the transfer policy, within a time

bound manner.

4.

In view of the order proposed to be passed hereinafter,

no reply/instruction is required to be called from the

respondents.

5. In view of the above, present petition is disposed of

with a direction to respondent No. 2/competent authority to

consider the representations (Annexure P-1 & P-3) which are

pending consideration since January, 2021, on or before 31 st

March, 2021, by giving opportunity of hearing to the petitioner, if

desired so, by passing a speaking and reasoned order, in

accordance with the transfer policy.

6. As the stations of choice mentioned in the petition and

in the representations (Annexure P-1 & P-3) are different and, as

a matter of fact, no station of choice has been mentioned in the

representations, therefore, the petitioner is granted liberty to file

a fresh detailed representation, mentioning the stations of his

choice, if so desired, on or before 25 th February, 2021, before

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respondent No. 2 and in case no such fresh representation is

made, the case of the petitioner shall be considered by

respondent No. 2 on the basis of the representations (Annexure

P-1 & P-3) already made.

7. Parties may produce the downloaded copy of the order

passed by the Court before the Authorities concerned if required

and the concerned Authority shall not insist for the certified copy

of the order, rather passing of the order can be verified from the

web-page of this Court.

Petition stands disposed of in the aforesaid terms.

Pending miscellaneous applications, if any, also stand disposed

of accordingly.

(Vivek Singh Thakur), Vacation Judge.

February 18 , 2021 (PK)