Himachal Pradesh High Court
Working As Tgt (Medical) In vs State Of Himachal Pradesh on 10 May, 2022
Bench: Tarlok Singh Chauhan, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, AT SHIMLA
ON THE 10th DAY OF MAY, 2022.
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION No. 2876 of 2022.
Between:-
AMIT KUMAR S/O SH. KRISHAN
SINGH, RESIDENT OF VILLAGE
PATT, P.O. MAHARAJNAGAR,
TEHSIL JAISINGPUR, DISTRICT
KANGRA,
r H.P., PRESENTLY
WORKING AS TGT (MEDICAL) IN
GHS NAYAGRAN, TEHSIL HOLI,
DISTRICT CHAMBA, H.P.
......PETITIONER.
(BY SH. MUKUL SOOD, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH, TROUGH
SECRETARY (ELEMENTARY EDUCATION),
TO THE GOVERNMENT OF HIMACHAL
PRADESH-171002, H.P.
2. THE DIRECTOR ELEMENTARY EDUCATION,
TO THE GOVT. OF HIMACHAL PRADESH,
SHIMLA-1, H.P.
......RESPONDENTS
MR. ASHOK SHARMA, ADVOCATE GENERAL
WITH MR. RAJINDER DOGRA, SENIOR
ADDITIONAL ADVOCATE GENERAL, MR.
SHIV PAL MANHANS AND MR. YUDHBIR
SINGH THAKUR, DEPUTY ADVOCATE
GENERALS FOR THE RESPONDENTS-STATE.
________________________________________________________________
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2
This petition coming on for admission before
notice this day, Hon'ble Mr. Justice Tarlok Singh
.
Chauhan, passed the following:
ORDER
The present petition has been filed for grant of
the following reliefs:-
"A. Issue a
writ in nature of
directing the respondent to transfer the
petitioner from present place of posting
mandamus
which is a difficult/Tribal area to place of
his choice in District Kangra in terms of the
Judgment of this Hon'ble Court dated
23.10.2018 in CWP No. 2114 of 2018 and
Judgment dated 21.12.2020 in CWP No.
5801 of 2020;
B. Issue a writ of nature of mandamus that
respondent are further directed to transfer
and relieve the petitioner from present
place of posting i.e. GHS Nayagran Tehsil
Holi, District Chamba, H.P. forthwith in
relaxation to the condition of joining of the
substitute in place of the petitioner;
C. Direct the production of all the relevant
records."
2. It would be noticed that the petitioner has been
serving in the Tribal area of District Chamba ever since his
.
first appointment made on 6.3.2019. Therefore, in terms of
the comprehensive Guiding Principles-2013 for regulating
the transfers of the State Government employees, the
petitioner is entitled to be posted in a soft station i.e. 'urban
or semi-urban' of his choice and in the instant case, the
petitioner has given the following stations which read as
under:-
(a) GSSS Dhupkiara, District Kangra, H.P.
(b) GHS Khajurnu, District Kangra, H.P.
(c) GSSS Upper Lambagaon, District Kangra, H.P.
(d) GSSS Lower Lambagaon, District Kangra, H.P.
(e) GHS Dramman, District Kangra, H.P.
(f) GHS Khajrun, District Kangra, H.P.
(g) GSSS Lahat, District Kangra, H.P.
(h) GSSS Gandar, District Kangra, H.P.
(i) GSSS Sujanpur, District Hamirpur.
(J) GSSS Makol, District Kangra, H.P.
3. Accordingly, we deem it appropriate to dispose
of this petition by directing the respondents to consider,
decide and then issue consequential orders of transfer of
the petitioner to any one of the stations, as mentioned
.
above, within a period of four weeks from today. Ordered
accordingly. For compliance, to come up on 21.6.2022.
4. The petition is disposed of in the aforesaid terms.
Pending application, if any, also stands disposed of.
r to (Tarlok Singh Chauhan)
Judge
(Chander Bhusan Barowalia)
Judge
10th May, 2022.
(Chander)
