Man Singh vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15514 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7361 of 2023 Date of Decision: October 6, 2023 _______________________________________________________

.

    Man Singh                                                                           .......Petitioner





                                   Versus
    State of Himachal Pradesh and others                                           ... Respondents
    Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Kulbhushan Khajuria, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.

B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan & Ms. Sunaina, Deputy Advocates General.

_______________________________________________________ Sandeep Sharma, Judge(oral):

Being aggrieved and dissatisfied with order dated 30.9.2023,

Annexure P-1, whereby petitioner, who is a JBT, came to be

transferred from Government Primary School Purthi Education Block

Pangi to Government Primary School Tippri, Education Block,

Chamba, against vacancy, petitioner has approached this court in the

instant proceedings, praying therein to set side the aforesaid order

qua him.

2. Precisely, the grouse of the as has been highlighted in the

petition and further canvassed by Mr. Kulbhushan Khajuria learned

counsel for the petitioner is that once, petitioner had already served

tribal area for fourteen years, he was required to be posted in soft

area or at one of stations of his choice. However, in the case at hand,

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

petitioner has been again sent to Government Primary School Tippri,

Education Block Chamba.

3. Mr. Rajan Kahol, learned Additional Advocate General, while

.

putting in appearance on behalf of respondent-State, states that the

petitioner has been working at present place of posting since the year

2009 and now by the medium of impugned order, he has been

transferred to a non-tribal area , as such, no illegality can be said to

have been committed by respondents while passing the order

impugned in the instant proceedings.

4. Having heard learned counsel for the parties and perused

material available on record this court finds that, the petitioner had

been working at present place of posting for the last fourteen years,

which is a tribal area, as such, he ought to have been transferred to

one of stations of his choice, in terms of Comprehensive Guiding

Principles

5. No doubt, petitioner now vide impugned transfer order stands

transferred to a non-tribal/hard area but since in terms of

Comprehensive Guiding Principles, he is/was entitled to be posted at

a soft station of his choice, order impugned in the instant proceedings

is not sustainable in the eye of law.

6. Consequently, in view of above, impugned order dated

30.9.2023 (Annexure P-1), is quashed and set aside qua the

petitioner with the direction to the respondent Department to consider

transferring the petitioner to one of stations of his choice, as detailed

in ground (G) of the petition i.e. Government Primary Schools,

.

Sugalwas, Khajjiar, Findru or Saach. This court has been informed

that the Government Primary Schools Findru and Saach, fall in tribal

area of Pangi and petitioner is willing to go to these stations.

In the aforesaid terms, present petition is disposed of alongwith

pending application(s), if any.

    October 6, 2023
        (vikrant)
                         r            to                    (Sandeep Sharma),
                                                                 Judge