Between vs Union Of India & Anr. (1993) 1 Scc
2022 Latest Caselaw 4415 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH AT

                           SHIMLA

               ON THE 13th DAY OF JUNE, 2022




                                                       .

                        BEFORE
      HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                           &





    HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA

       CIVIL WRIT PETITION No. 3574 of 2022
    Between:-
    SATISH THAKUR S/O SH. MAHANT RAM





    R/O VILLAGE NARGI, POST OFFICE
    SMAILA, TEHSIL BALDWARA, DISTRICT
    MANDI AGED 57 YEARS, PRESENTLY
    WORKING   AS  PRINCIPAL  AT    GSSS
    MANDWATCH DISTRICT SIRMOUR (HP).


                                          ......PETITIONER

    (BY  MR.      RAJ     THAKUR,
    ADVOCATE.)



    AND

    1. STATE OF H.P. THROUGH




    THE PRINCIPAL SECRETARY
    (EDUCATION)     TO   THE





    GOVERNMENT OF HIMACHAL
    PRADESH, SHIMLA-2.

    2. THE DIRECTOR OF HIGHER





    EDUCATION,         HIMACHAL
    PRADESH, SHIMLA-1.

                                    ......RESPONDENTS

    (BY MR. ASHOK SHARMA,
    ADVOCATE GENERAL WITH
    MR.    RAJINDER    DOGRA,
    SENIOR          ADDITIONAL
    ADVOCATE    GENERAL,   MR.
    SHIV     PAL      MANHANS
    ADDITIONAL        ADVOATE




                                      ::: Downloaded on - 13/06/2022 20:02:13 :::CIS
                                      -2-



    GENERAL,   MR.   YUDHVIR
    SINGH  THAKUR  AND   MR.
    BHUPINDER THAKUR, DEPUTY
    ADVOCATES GENERAL)




                                                                             .
    1    WHETHER APPROVED FOR REPORTING?





                   This petition coming on for orders this day, Hon'ble Mr.
    Justice Tarlok Singh Chauhan, passed the following :-





                                                  ORDER

Notice. Mr. Bhupinder 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 case of the petitioner be considered sympathetically and respondents may please be directed

to transfer the present petitioner to GSSS Baldwara District Mandi, GSSS Tikkri Sadhwani District Mandi, GSSS Parsada_Hawani district Mandi

as posts of principal (School Cadre) are going to vacant on 30.04.2022.

2. Perusal of the petition would go to reveal that

save and except individual hardship, there is no other

factual or legal ground set out in the petition.

3. As regards the individual hardship, it is more

than settled that the same is required to be considered by

the Employer. Reference in this regard can conveniently be

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

made to the judgment of the Hon'ble Supreme Court in

Rajendra Roy vs. Union of India & Anr. (1993) 1 SCC

148.

.

4. In the given facts and circumstances of the

case, we deem it appropriate to dispose of this petition by

directing the respondents to consider and decide the

representation made by the petitioner sympathetically

within a period of four weeks from today, taking into

consideration the fact that the father of the petitioner is 84

years of age and has undergone bypass Surgery and he is

suffering from acute COPD. Likewise, the mother of the

petitioner is more than 80 years of age and suffering from

hypertension and under treatment in Medical College Ner-

Chowk, Mandi. Ordered accordingly. Pending

application(s), if any, also stands disposed of.

5. For compliance, to come up on 11th July,

2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

13th June, 2022 (himani/raman)