Himachal Pradesh High Court
Yash Pal vs State Of Himachal Pradesh & Others on 15 May, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2778 of 2023
.
Date of Decision: May 15, 2023
Yash Pal ...Petitioner.
Versus
State of Himachal Pradesh & others ..Respondents.
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: Mr.Daleep Chand, Advocate.
For the Respondents: Mr.Anup Rattan, Advocate General,
alongwith Mr.Manoj Chauhan, Additional
Advocate General.
Vivek Singh Thakur, J (Oral)
Petitioner has approached this Court being aggrieved
by his transfer vide impugned order dated 09.05.2023 (Annexure
P-3), whereby he has been transferred from GSSS Ronhat,
District Sirmaur, H.P. to GSSS Gondpur Bulla, District Una, H.P.,
against vacancy.
2. Grievance of the petitioner is that his wife is also
serving as Trained Graduate Teacher (TGT) in the Education
Department and as a couple case, he deserves to be adjusted in
nearby place, particularly against vacancy in Government High
School Jasvi, under Complex Koti Bounch.
1 Whether reporters of the local papers may be allowed to see the judgment?
3. At this stage, learned counsel for the petitioner
submits that petitioner shall be satisfied in case he is permitted
to make representation for redressal of his grievances, stated in
.
the petition, to the Director Elementary Education with further
direction to decide the same in time bound manner.
4. Learned Additional Advocate General submits that in
case any representation is preferred by the petitioner, same shall
be decided, in accordance with law, in time bound manner as
directed by this Court.
5. In view of above, petitioner is permitted to make
representation to the competent authority alongwith supported
documents within two days. In case such representation is
preferred, same shall be decided by the competent authority on
or before 29.05.2023, by passing speaking and reasoned order,
after giving option of personal hearing to the petitioner, if
desired so. Order shall be communicated to the petitioner
immediately thereafter. Till the decision of representation,
petitioner shall not be compelled to join next place of posting
and he may avail leave of kind due, and post suggested by him,
if not already filled, shall not be filled till decision of
representation.
6. Petition is disposed of in aforesaid terms, so also
pending application(s), if any.
7. Petitioner is permitted to produce a copy of this
order, downloaded from the web-page of the High Court of
Himachal Pradesh, before the authorities concerned, and the said
authorities shall not insist for production of a certified copy but if
required, may verify it from Website of the High Court.
.
(Vivek Singh Thakur),
Judge.
(Sushil Kukreja),
Judge.
May 15, 2023
(Purohit)
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