Kailash Chand vs Himachal Pradesh University And ...
2023 Latest Caselaw 15847 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7569 of 2023 Date of Decision: October 10, 2023 _______________________________________________________

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    Kailash Chand                                                                       .......Petitioner





                                   Versus
    Himachal Pradesh University and another                                        ... Respondents
    Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vinay Sharma, Advocate.

For the Respondents: Mr. Anoop Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan & Ms. Sunaina, Deputy Advocates General, for respondent

Nos. 1 to 4.

Nemo for respondent No.4.

_______________________________________________________ Sandeep Sharma, Judge(oral):

Though, by way of instant petition, challenge has been laid to

transfer order dated 30.9.2023 (Annexure P-1), issued by Director

Elementary Education, Himachal Pradesh, whereby petitioner herein came

to be transferred from Government High School, Thana Basotri under

complex Government Senior Secondary School Fagu, Sirmaur to

Government Senior Secondary School Nehrati Bhato under complex,

Government Senior Secondary School Sanora, District Sirmaur, Himachal

Pradesh, on the ground that the same has been effected on the basis of DO

Note issued by an extra-Constitutional authority, however, having taken

note of the fact that the petitioner has completed normal tenure at present

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

place of posting, this court sees no reason to interfere with the impugned

transfer order.

2. However, having taken note of adverse circumstances of the

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petitioner as narrated during proceedings of the case, this court disposes of

the present writ petition reserving liberty to the petitioner to file a

representation to the competent authority, within one week, praying therein

for cancellation of transfer order/adjustment at a suitable place, on the

ground of adverse family circumstance, which shall be decided by said

competent authority, within two weeks strictly as per Comprehensive

Guiding Principles wherein admittedly, a provision has been made to adjust

an employee on the ground of adverse family circumstances.

3. Needless to say, shall afford opportunity of hearing to the petitioner

and pass a speaking order thereafter. Liberty is reserved to the petitioner to

file appropriate proceedings, before appropriate court of law, if he still

remains aggrieved. Till the time, representation filed within one week, is not

decided, petitioner shall not be compelled to join at the transferred station.

In the aforesaid terms, present petition is disposed of alongwith

pending application(s), if any.

(Sandeep Sharma),

Judge October 10, 2023 (vikrant)