Himachal Pradesh High Court
School Khuhan vs Himachal Pradesh And Others on 19 May, 2022
Bench: Mohammad Rafiq, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 19th DAY OF MAY, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION No.3109 of 2022
Between:
NARESH KUMAR,
SON OF LATE SH. DUNI CHAND,
RESIDENT OF VILLAGE YOH, POST
OFFICE AND TEHSIL SARKAGHAT,
DISTRICT MANDI, H.P. PRESENTLY
WORKING AS
r TGT(ARTS) AT
GOVERNMENT SENIOR SECONDARY
SCHOOL KHUHAN, TEHSIL
BALICHOWKI, SERAJ-II, DISTRICT
MANDI, H.P. AGED ABOUT 47
YEARS.
....PETITIONER
(BY MR. DEVENDER K.SHARMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (EDUCATION),
H.P. SECRETARIAT SHIMLA, H.P.
2. DIRECTOR OF H.P. ELEMENTARY
DEPARTMENT SHIMLA.
......RESPONDENTS.
(MR. SUDHIR BHATNAGAR, ADDITIONAL
ADVOCATE GENERAL)
This petition coming on for admission before notice this day,
Hon'ble Mr. Justice Sandeep Sharma, passed the following:
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2
ORDER
On 4.10.2017, petitioner was appointed as TGT
(Arts) at Government Senior Secondary School, Khuhan, Tehsil
.
Bali Chowki, Seraj-II, District Mandi, H.P., which falls under
hard/difficult area and since then he had been serving in the
same school. After having completed normal tenure in sub
cadre/ difficult area petitioner filed representation through
proper channel to the Director of Elementary Education
Department on 8.4.2022 (Annexure P-2), praying therein to
transfer him to one of the station of his choice in terms of the
transfer policy, but since till date, no heed has been paid to
aforesaid representation made by the petitioner, he has
approached this Court in the instant proceedings, seeking
therein direction to the respondents to consider and decide
his representation, in time bound manner.
2. Having regard to the nature of the order proposed
to be passed in the instant case, we do not see any necessity
to call for reply on behalf of the respondents and as such,
same is dispensed with.
3. Since, it is quite apparent from the averments
contained in the petition, which is duly supported by an
affidavit, that petitioner has already completed his normal
tenure of posting in hard/difficult area, prayer made on his
behalf for transfer to one of the station of his choice deserves
to be considered in light of transfer policy.
4. Consequently, in view of the above, we dispose of
the present petition with the direction to the respondent-
Department to consider and decide the representation, dated
.
8.4.2022 (Annexure P-2) filed by the petitioner expeditiously,
preferably within a period of three weeks in accordance with
transfer policy. Needless to say, authority concerned while
doing the needful in terms of instant order, would not only
afford an opportunity of being heard to the petitioner, but
would also take into consideration transfer policy formulated
by the Government of Himachal Pradesh as well as judgment
dated 27.08.2007, passed by Division Bench of this Court in
CWP No.1105 of 2006, titled Sushila Sharma vs. State of
Himachal Pradesh and others, wherein respondent/ State has
been directed to ensure that all the employees are treated
fairly and equally and every employee during his tenure of
service serves in tribal/hard area and also remote/rural areas.
Pending applications, if any, also stand disposed
of.
(Mohammad Rafiq)
Chief Justice
(Sandeep Sharma)
Judge
19th May, 2022
(shankar)
