Lakshmi Chand vs Coram
2021 Latest Caselaw 1137 HP

                                                                             .
        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA





                                        CWP No. 905 of 2021
                                        Date of Decision 19th February, 2021





    ________________________________________________________

    Lakshmi Chand                                                        ...Petitioner

                                                   Versus

    State of HP & others

    Coram
                          r                to                        ....Respondents

    The Hon'ble Mr. Justice Vivek Singh Thakur, J.

Whether approved for reporting?1 ______________________________________________________________ For the Petitioner: Mr. Ashok Kumar Verma, Advocate,

through Video Conferencing.

For the Respondents: Mr. Dinesh Thakur, Additional Advocate General, through Video

Conferencing.

__________________________________________________________________

Vivek Singh Thakur, J.

CMP No. 1559 of 2021

Allowed and disposed of.

CWP No. 905 of 2021

Notice. Mr. Dinesh Thakur, learned Additional

Advocate General, appears and waives service of notice on

behalf of the respondents and seeks time to file reply.

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

2 Being aggrieved by transfer order dated 16.2.2021,

petitioner has approached this Court on the ground that despite

.

serving in tribal area for a considerable long time, he has been

transferred to a difficult/hard area, whereas, as per transfer

policy, he was entitled for posting in soft area/station(s) of his

choice.

3. At this stage, learned counsel for petitioner submits

that petitioner would be contended in case he is permitted to

make representation to respondent No.2, Director of Elementary

Education, with direction to said respondent to decide the same

in a time bound manner.

4 In view of order proposed to be passed, no reply or

instructions are necessary to be called for from the respondents.

5 In view of above, present petition is disposed of with

permission to petitioner to make a detailed representation by

mentioning the station(s) of his choice, on or before 1 st March,

2021 to respondent No.2 and in case, such representation is

preferred, the same shall be decided by the Director of

Elementary Education, respondent No.2, on or before 5 th April,

2021 by passing an appropriate speaking and reasoned order in

accordance with Rules, Policy and law as applicable.

6 The impugned order dated 16th February, 2021 qua

.

petitioner Laxmi Chand shall be kept in abeyance till final

decision. In case no representation is made by petitioner, the

impugned order shall come into force.

7 Needless to say that order shall be passed after

giving the personal hearing to petitioner, if desired so.

8 Petition stands disposed of accordingly including any

pending application(s).

Petitioner 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 order, rather passing of order can be verified

from the web-page of this Court.

    February 19, 2021                    (Vivek Singh Thakur)
    (ms)                                        Judge