Nidhi Singh vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 2121 HP

                IN THE HIGH COURT OF HIMACHAL PRADESH,
                              SHIMLA.
                                                                   CWP No. 1629 of 2021




                                                                                   .

                                                                  Decided on: 16.03.2021


                 Nidhi Singh                                                   ...Petitioner.





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





               Coram:
               Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
               Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.


               Whether approved for reporting? 1 No

               For the Petitioner:                Mr. L. S. Mehta, Advocate.


               For the Respondents:               Mr. Ashok Sharma, Advocate General, with
                                                  Mr. Vinod Thakur, Mr. Vikas Rathore, Mr.
                                                  Shiv   Pal    Manhans,    Addl.   Advocate
                                                  Generals, Mr. J.S. Guleria and Mr.




                                                  Bhupinder     Thakur,  Deputy     Advocate
                                                  Generals, for respondents No.1 to 3/State.





                                                  Nemo for respondent No.4.

               _________________________________________________________





               Justice Tarlok Singh Chauhan, J.(Oral)

The instant petition has been filed by the

petitioner for the grant of following substantive reliefs:

(i) That writ of certiorari may very kindly be issued and impugned transfer order dated 01.03.2021 contained in Annexure P­1, may very kindly be quashed and set­aside.

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

(ii) That writ of mandamus may very kindly be issued, thereby directing the respondents to

.

allow the petitioner to continue at the present

place of his posting i.e. Lecturer (Mathematics) in Govt. Senior Secondary School, Seri Bunglow in

Tehsil Karsog, District Mandi, H.P. or he may be ordered to be adjusted/accommodated in any of the stations against vacant post as mentioned

hereinabove in para 10, keeping in view the health problem of the petitioner and his mother.

2. 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.

3. 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."

4. 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.

Copy dasti.

(Tarlok Singh Chauhan)

Judge

(Chander Bhusan Barowalia) 16 March, 2021 th Judge (GR)