Sanjay Kumar vs State Of H.P. & Ors
2023 Latest Caselaw 15866 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Civil Writ Petition No. 7546 of 2023.

Date of decision: 10th October, 2023.

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    Sanjay Kumar                                                            ...Petitioner.
                                         Versus





    State of H.P. & Ors.                                                    ....Respondents.

    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Naresh Kaul, Advocate.

For the Respondents/State: Mr. Gautam Sood and Mr.

Rahul Thakur, Deputy Advocates General.

Satyen Vaidya, Judge (Oral).

Notice. Mr. Rahul Thakur, learned Deputy

Advocate General, appears and waives service of notice on

behalf of the respondents/State.

2. Though, the petitioner has completed his normal

tenure at GSSS Simni (Chamba), his grievance against the

transfer order, Annexure P-1, is on the ground of his individual

hardship. It is submitted that two daughters of the petitioner

are studying in Class 9th and Class 12th respectively and the

transfer of the petitioner during the mid session will affect

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

...2...

their education. It is further submitted that the petitioner also

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has third child, who is unwell being premature. In this

background, learned counsel for the petitioner submits that

the petitioner has already made a representation to the

Director Elementary Education seeking his transfer to any of

the vacant stations details therein which are in the same

district i.e. Chamba and will serve the purpose of the

petitioner for the time being. It is further submitted that the

petitioner will be content, at this stage, in case respondent

No.2 is directed to decide the representation of petitioner

within time bound manner.

3. Prayer being innocuous is not opposed.

4. Accordingly, the instant petition is disposed of with

direction to respondent No.2 to consider and decide the

representation (Annexure P-2), submitted by the petitioner,

within a week from today by passing a speaking order.

Keeping in view the individual hardship shown by the

petitioner, it is ordered that till the final decision on the

representation is taken, the impugned transfer order,

Annexure P-1, qua the petitioner shall remain stayed.

...3...

5. Pending miscellaneous application(s), if any, also

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stand disposed of.

(Satyen Vaidya)

Judge 10th October, 2023.

         (jai)




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