Naresh Kumar vs State Of Himachal Pradesh
2023 Latest Caselaw 5401 HP

                                                   1




                 IN THE HIGH COURT OF HIMACHAL PRADESH
                                 SHIMLA

                                       CWP No. 2638 of 2023




                                                                              .
                                       Date of Decision: May 09, 2023





    Naresh Kumar                                                                 ...Petitioner.

                                                Versus





    State of Himachal Pradesh                                                    ..Respondent.
    Coram:
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.





    The Hon'ble Mr.Justice Sushil Kukreja, Judge.
    Whether approved for reporting?1
    For the Petitioner:  r             Mr. Onkar Jairath, Advocate.

    For the Respondent:                Mr. Anup Rattan, Advocate General with
                                       Mr.Pranay   Pratap  Singh,   Additional

                                       Advocate General.



    Vivek Singh Thakur, J (oral)

Notice. Mr. Pranay Pratap Singh, learned Additional

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

respondents.

2 Petitioner has approached this Court on the ground that

despite serving in tribal area for a considerable long time, he has not

been transferred from the hard area to soft area, whereas, as per

transfer policy, he was entitled for posting in soft area/station(s) of his

choice.

3. At this stage, learned counsel for petitioner submits that

petitioner would be contended in case he is permitted to make a fresh

representation to respondent No.2, Director of Elementary Education,

with direction to said respondent to decide the same in a time bound

manner.

Whether reporters of the local papers may be allowed to see the judgment?

4 In view of order proposed to be passed, no reply or

instructions are necessary to be called for from the respondents.

5 In view of above, present petition is disposed of with

permission to petitioner to make a fresh detailed representation by

.

mentioning the station(s) of his choice, on or before 12 th May, 2023 to

respondent No.2 and in case, such representation is preferred, the

same shall be decided by the Director of Elementary Education,

respondent No.2, within two weeks after receipt thereof by passing an

appropriate speaking and reasoned order in accordance with Rules,

Policy and law as applicable.

7 Needless to say that order shall be passed after giving the

personal hearing to petitioner, if desired so. Till the decision of

representation of petitioner, so filed afresh, the stations lying vacant or

likely to fall vacant, mentioned by petitioner of his choice, shall not be

filled.

8 Petition stands disposed of accordingly including any

pending application(s).

9 Petitioner may produce the downloaded copy of the order

passed by the Court before the Authorities concerned if required and

the concerned Authority shall not insist for the certified copy of order,

rather passing of order can be verified from the web-page of this

Court.

(Vivek Singh Thakur), Judge.

    May 09, 2023                                       (Sushil Kukreja)
              (ms)                                          Judge