Himachal Pradesh High Court
__________________________________________________________ vs State Of H.P & Others on 9 March, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No.5918 of 2020
.
Date of Decision: 9.3.2021
__________________________________________________________
Rajinder Singh .......Petitioner
Versus
State of H.P & others. ... Respondents.
__________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner: Mr. Y.W.Chauhan, Advocate.
For the Respondents: Mr. Sudhir Bhatnagar and Mr. Arvind
Sharma, Additional Advocate Generals,
with Mr. Kunal Thakur and Ms.
Svaneel Jaswal, Deputy Advocate
Generals, for the respondent/State.
___________________________________________________________
Sandeep Sharma, Judge (oral):
The Petitioner, who has been working as JBT in
Government Primary School Parwa Lawago Education Block
Sataun, District Sirmaur, Himachal Pradesh, approached this
Court by way of CWP No.4351 of 2020, laying therein challenge
to his transfer from aforesaid Government Primary School
Parwa Lawago to Government Primary School, Juan, Education
Block Bakras, District Sirmaur, H.P. The Division Bench of this
Whether the reporters of the local papers may be allowed to see the judgment?
Court vide judgment dated 12th October, 2020 disposed of the
petition reserving liberty to the petitioner to file representation
.
to the first respondent, within one week, with further direction
to the respondents to decide the same in terms of the transfer
policy occupying the field. Petitioner pursuant to aforesaid
judgment/ order filed detailed representation, but since same
never came to be disposed of by way of speaking order, he was
compelled to approach this Court in the instant proceedings,
laying therein challenge to order dated 9.12.2020 (Annexure P-
6) passed by Director of Elementary Education, Sirmour in
purported compliance of judgment dated 12th October, 2020
passed by the Division Bench of this Court in CWP No.4351 of
2020.
2. Having carefully perused the aforesaid order passed
by Director, Elementary Education in purported compliance of
judgment dated 12th October, 2020, rendered by Division Bench
of this Court, this Court has no hesitation to conclude that
authority concerned has not applied its mind, rather has chosen
to dispose of the representation filed by the petitioner in
slipshod manner. Neither contentions of the petitioner have
been noticed nor reasons, if any, for not accepting the request of
the petitioner to cancel his transfer have been recorded in the
.
order. Office order dated 9.12.2020 passed in purported
compliance of directions issued by the Division Bench of this
Court, if read, in its entirety, certainly compels this Court to
draw an inference that authority concerned has no respect for
the orders passed by this Court because very text of the order
suggests that authority without considering the grounds for
cancellation/adjustment of the petitioner proceeded to pass fresh
transfer order.
3. Consequently, in view of the above, this Court without
going into the merits of the case, deems it fit to quash the order
dated 9.12.2020 ( Annexure P-6) with a direction to the Director
Elementary Education, Sirmaur to decide the representation of the
petitioner afresh, in accordance with law, as well as directions
contained in the judgment dated 12.10.2020 passed by Division
Bench of this Court in CWP No.4351 of 2020, expeditiously,
preferably within a period of four weeks. Needless to say, authority
concerned while disposing of the representation filed by the
petitioner would pass detailed speaking order. Till the time,
representation is not decided in terms of the instant judgment
status quo qua posting of the petitioner would be maintained by
the parties to the lis. Pending applications, if any, also stand
disposed of.
.
(Sandeep Sharma),
Judge
9th March, 2021
(shankar)
r to
