Naresh Chauhan vs State Of H.P. & Others
2021 Latest Caselaw 681 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 564 of 2021

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                                      Date of Decision: January 28, 2021





    Naresh Chauhan                                           ...Petitioner
                                      Versus





    State of H.P. & Others                                            ...Respondents
    Coram:

The Hon'ble Mr. Justice Anoop Chitkara, Vacation Judge. Whether approved for reporting?1 No.

For the petitioner : Mr. Chaman Negi, Advocate. For the respondents : Mr. Ajay Vaidya, Sr. Addl. A.G. with Mr. Sudhir Bhatnagar, Addl. A.G. & Mrs. Seema Sharma, Dy. A.G.

COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

Anoop Chitkara, Vacation Judge(oral)

The petitioner, who is working as Agriculture

Development Officer (ADO), Soil Conservation Section, Nichar at

Bhabanagar, Tehsil Nichar, District Kinnaur, H.P., has come up

before this Court seeking his transfer from Hard/difficult area to

one of the stations of his choice, as per clause 16.1 of the

Comprehensive Guiding Principles-2013, issued by the State

Government, which provides that the normal tenure of stay of

posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two

winters and three summers. In this regard, the petitioner has

already made a representation dated 15.09.2020, Annexure P-1,

which is still pending before the concerned authority.

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

2. Notice. Mrs. Seema Sharma, learned Deputy

Advocate General appears and accepts service of notice on

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behalf of the respondents.

3. In view of the nature of the order, this Court proposes

to pass, no response is required from the respondents.

4. Consequently, this petition is disposed of with liberty

to the petitioner to make fresh representation to the respondent/

authorities concerned giving five stations of his choice, which

must be spread in more than one district, within two weeks from

today, in the light of clause 16.1 read with clause 16.5 of the

transfer policy. On receipt of such representation, the

respondent/authorities shall decide the representation of the

petitioner, in the light of the transfer policy occupying the field,

within two weeks. It is clarified that while deciding the

representation of the petitioner the respondents shall consider

the stations of choice of the petitioner as mentioned in his

representation, subject to the condition that the incumbents

posted there have completed their normal tenure of posting, in

accordance with the transfer policy. In case none of them have

completed the normal tenure then the office of the

respondent/authorities shall get in touch with the petitioner

apprising him of vacant stations where the incumbents have

completed their normal tenure and the possible places where the

petitioner can be posted. Pending application(s), if any, are

closed.

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                                         (Anoop Chitkara),





    January 28, 2021 (ps)                 Vacation Judge.




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