Satish Kumar vs State Of Himachal Pradesh Through
2022 Latest Caselaw 4346 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                        ON THE 3rd DAY OF JUNE, 2022
                                  BEFORE

          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE




                                                                                                       .
                                  &





        HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE

                      CIVIL WRIT PETITION NO. 3015 OF 2022





                 Between:-

                 SATISH KUMAR, S/O SH. SHUBH KARAN, AGED 42 YEARS,
                 R/O VILLAGE PHERA, P.O. LOWER GHALLOUR TEHSIL
                 JAWALAMUKHI, DISTRICT KANGRA, H.P.





                                                                                                ...PETITIONER

                 (BY MR. RAMAKANT SHARMA, ADVOCATE)
                 AND

                 1.

                              STATE OF HIMACHAL PRADESH THROUGH

                              PRINCIPAL SECRETARY (EDUCATION) TO THE
                              GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.
                 2.           DIRECTOR ELEMENTARY EDUCATION, HIMACHAL
                              PRADESH, SHIMLA.


                                                                                                ...RESPONDENTS
                 (BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR.
                 VINOD THAKUR, MR. SHIV PAL MANHANS, ADDITIONAL
                 ADVOCATES GENERAL AND MR. YUDHBIR SINGH THAKUR,




                 DEPUTY ADVOCATE GENERAL)





                 1
                     WHETHER APPROVED FOR REPORTING?
                This petition coming on for orders, Hon'ble Mr. Justice Tarlok
    Singh Chauhan, passed the following :





                                                                  ORDER

Notice. Mr. Yudhbir Singh Thakur, learned Deputy

Advocate General, appears and waives service of notice on behalf of

the respondents-State.

2. The instant petition has been filed for the grant of

following substantive relief:

"That the petitioner may kindly be ordered to be transferred from GMS Samra under Complex GSSS

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

Ranuhkothi District Chamba, H.P. a tribal area to one of the stations of his choice as mentioned at Annexure P-1, and thereafter he may be order to be relieved immediately."

.

3. Admittedly, the petitioner has completed normal tenure

of service in hard/difficult and tribal area having been posted at

Government Middle School Samra, under Complex GSSS Ranuhkothi,

District Chamba, H.P. If that be so, obviously, he is entitled to be

transferred to a soft station that too of his choice.

4. Even though, the petitioner has given stations of his

choice in paragraph 6 of the petition, but stations, as mentioned

therein are of District Kangra, which is contrary to the comprehensive

Guiding Principle, 2013.

5. In such circumstances, we dispose of this petition by

permitting the petitioner to file a fresh representation within one week

from today clearly setting out five stations of his choice, out of which

one station should essentially be out of his home District. On receipt of

such representation, the same shall be considered and decided by the

respondents by issuing necessary consequential order of transfer

within a period of two weeks. Pending application(s), if any, also

stands disposed of.

For compliance, to come up on 15.07.2022. A

( Tarlok Singh Chauhan) Judge

( Chander Bhusan Barowalia ) Judge

3rd June, 2022 (CS)