Rakesh Kumar vs State Of Hp And Others
2021 Latest Caselaw 82 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                              CWP No.6396 of 2020
                                  Decided on: 2nd January, 2021




                                                                              .
    __________________________________________________________________





    Rakesh Kumar
                                                                                ......Petitioner
                                      Versus





    State of HP and others
                                                                          ......Respondents
    __________________________________________________________________
    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
    1 Whether     approved for reporting?
    ______________________________________________________
    For the petitioner:
                       r                 Ms. Kiran Dhiman, Advocate.

    For the respondents:                 Mr. Ashok Sharma, Advocate General,
                                         with Mr. Vinod Thakur, Mr. Vikas
                                         Rathore & Mr. Shiv Pal Manhans,
                                         Additional  Advocates     General and


                                         Ms. Seema Sharma, Mr. Bhupinder
                                         Thakur & Mr. Yudhvir Singh Thakur,
                                         Deputy Advocates General.
                                         (Through Video Conferencing)




    Tarlok Singh Chauhan, Judge                   (Oral)

The instant writ petition has been filed for grant of

following substantive reliefs:-

"i) That the Writ in the nature of Mandamus may very kindly be issued, directing the respondents to consider the case of the petitioner for his transfer from District Shimla to District Hamirpur under 3% quota as per the policy of the state government, Annexure P-1 & P-2.

ii) That the respondent No.2 may kindly be directed to take decision in the case of petitioner (Annexure P-5) within time bound manner."

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

2. Learned Deputy Advocate General on the basis of

instructions states that the petitioner though is entitled to be

.

considered for inter-district transfer under 3% quota as per

policy of the Government, however, the same is further

subject to other conditions like eligibility as well as seniority.

3. Since the petitioner is entitled to be considered for

inter-district transfer as per seniority, therefore, the present

petition is disposed of with a direction to the respondents to

consider the case of the petitioner for inter-district transfer

strictly in accordance with rules, within a period of two weeks

from today. Pending miscellaneous application(s), if any, shall

also stand disposed of.

For compliance, to come up before the learned

Vacation Judge on 22.01.2021.

(Tarlok Singh Chauhan)

Judge

(Jyotsna Rewal Dua) Judge January 02, 2021 (V.Himalvi/Mukesh)