Paddar vs Union Of India And Another (1993) 1 ...
2022 Latest Caselaw 9107 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 7th DAY OF NOVEMBER, 2022




                                                         .

                               BEFORE

           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                &

                 HON'BLE MR. JUSTICE VIRENDER SINGH

                 CIVIL WRIT PETITION NO. 7787 OF 2022


     Between:-


     BRIJ PANKAJ

                  DIKSHIT

     SMT. RITU SHARMA W/O SH.
                            VPO

     PADDAR,             TEHSIL
     DHARAMSHALA,         DISTT.
     KANGRA H.P.


                                                      ....PETITIONER
     (BY  SH.       TARUN     SHARMA,
     ADVOCATE)




     AND

1.   STATE OF H.P. THROUGH ITS





     PRINCIPAL         SECRETARY
     (EDUCATION) GOVT OF H.P.





2.   THE  DIRECTOR    ELEMENTARY
     EDUCATION GOVT. OF HP

3.   SHRUTI CHOWDHARY W/O NOT
     KNOWN TO THE PETITIONER,
     PRESENTLY POSTED AS TGT
     MEDICAL AT GSSS SAMRA (B.
     MEHTA) CHAMBA H.P.
                                                 ....RESPONDENTS
     (SH. ASHOK SHARMA, A.G.
     WITH SH. KUNAL THAKUR, MS.
     DIVYA SOOD, DY. A.GS. AND SH.




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                                        2




    RAJAT CHAUHAN, LAW OFFICER,
    FOR RESPONDENTS-STATE).




                                                                 .
    This Petition coming on for orders this day, the Hon'ble Mr.





    Justice Tarlok Singh Chauhan, passed the following:-

                                      ORDER

Notice. Mr. Rajat Chauhan, learned Law Officer,

appears and waives service of notice on behalf of respondents

No. 1 and 2.

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

following substantive reliefs:-

I) That in view of the above mentioned facts and circumstances, the impugned transfer order dated 31.10.2022 (Annexure P-1) may kindly be quashed and

set aside qua the petitioner.

ii) That the respondents may kindly be directed to allow the present petition to perform his duties at his present

place of posting i.e. Government Senior Secondary School Jalot, District Kangra, Himachal Pradesh till the completion

of session 2022-2023, in the interest of justice and fair play.

3. It would be noticed that the only ground on which the

petitioner seeking quashing of transfer order is founded on

individual 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.

4. 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 any 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."

5. Accordingly, without going into the merits of the case,

we deem it proper to dispose of this petition by directing the

respondents to consider the representation (Annexure P-5) of the

petitioner sympathetically within a period of four weeks' from today.

In the meanwhile, the petitioner shall be entitled to avail leave of

the kind due. Ordered accrdingly.

5. The petition stands disposed of in the aforesaid terms,

so also pending application(s), if any.

6. For compliance to come up on 05.12.2022.

                                                  (Tarlok Singh Chauhan)
                                                            Judge



                                                      (Virender Singh)
        th
    7        November, 2022 (sanjeev)                      Judge