Zalam Ram vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 1230 HP

                IN THE HIGH COURT OF HIMACHAL PRADESH,
                              SHIMLA.
                                                                   CWP No. 1043 of 2021




                                                                                   .

                                                                Decided on: 24.02.2021s


                 Zalam Ram                                                     ...Petitioner.





                                               Versus
            State of Himachal Pradesh and others     ...Respondents.
    ___________________________________________________________________





               Coram:
               Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
               Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.


               Whether approved for reporting? 1 No

               For the Petitioner:                Mr. Tek Chand Sharma, Advocate.


               For the Respondent:                Mr. Ashok Sharma, Advocate General, with
                                                  Mr. Vinod Thakur, Mr. Vikas Rathore, Addl.
                                                  Advocate Generals, Mr. Bhupinder Thakur
                                                  and Mr. Yudhbir Singh Thakur, Deputy




                                                  Advocate Generals.
               _________________________________________________________





               Justice Tarlok Singh Chauhan, J.(Oral)

The petitioner is posted as Centre Head

Teacher in Govt. Centre Primary School, Bandi (Chuhar

Valley) which according to him is a most difficult area of

District Mandi.

2. It is the specific case of the petitioner that

he is suffering from various ailments, as a result

whereof, he remained admitted in Civil Hospital,

Whether reporters of the local papers may be allowed to see the judgment? yes

Sundernagar during October, 2020. Presently he is

undergoing regular treatment and having completed his

.

normal tenure of service of more than three years (7

years), is entitled to be transferred to a soft area

preferably Govt. Centre Primary School, Hatarh (Balh

Block) where a vacancy of Centre Head Teacher (CHT) is

likely to accrue on 31.03.2021.

3. It would be noticed that the only ground on

which the petitioner is claiming a right to be transferred

from his present place of posting is on account of

personal hardship. However, it is more than settled that

the Courts are extremely slow to interfere directly in

personal hardship cases, the clear implication of the

almost consistent directions given in the cases are that

the transferee could make a representation to the

competent authority.

4. Reference in this regard can conveniently be

made to a judgment of the Hon'ble Supreme Court in

Rajendra Roy vs. Union of India and another (1993)

1 SCC 148, wherein it was observed as under:

"7..... The appellant has not made by representation about personal hardship to

the department. As such, there was no occasion for the department to consider such representation. This appeal, therefore, fails

.

and is dismissed, but we make no order as

to costs. It is, however, made clear that the appellant will be free to make representation to the concerned department about personal

hardship, if any, being suffered by the appellant in view of the impugned order. It is reasonable expected that if such representation is made, the same should be considered by the department as

expeditiously as practicable."

5. Consequently, the present writ petition is

disposed of with a direction to respondent No.2 to

consider the instant case as a representation and

decide the same sympathetically within two weeks from

today. Pending application(s), if any, also stands

disposed of.

(Tarlok Singh Chauhan)

Judge

(Jyotsna Rewal Dua) 24 February, 2021 th Judge (GR)