Hardev Koundal vs State Of Himachal Pradesh & Ors
2023 Latest Caselaw 17068 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH
                             AT SHIMLA
                                       CWP No.8202 of 2023
                                       Decided on: 26th October, 2023
    _____________________________________________________




                                                                          .
    Hardev Koundal                              ....Petitioner





                                               Versus





    State of Himachal Pradesh & ors.                                     ....Respondents

    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge
    1 Whether approved for reporting?




    For the petitioner


    For the respondents
                       r                to:


                                          :
                                               Mr.   Sanjeev
                                               Advocate.

                                               Mr. Rohit Sharma,
                                                                          Kumar          Motta,


                                                                                        Deputy

                                               Advocate General,      for                  the
                                               respondents No.1 to 3.


    Ranjan Sharma, Judge (Oral)

Notice. Mr. Rohit Sharma, learned Deputy

Advocate General, appears and waives service of notice on

behalf of the respondents No.1 to 3.

2. Case of the petitioner is that he is working as

Principal in the remote-rural area i.e. in Government Senior

Secondary School Kungal-Balti, Tehsil Nankhari, District

Shimla, (H.P.), w.ef. 08.10.2020, and has completed almost

Whether reporters of Local Papers may be allowed to see the judgment? Yes

three years stay at the present station. He submits that after

having completed three years of stay in remote/rural area, he

is entitled to be considered for posting at one of the station of

.

choice, in terms of the Transfer Policy-Guidelines. He submits

that he has made a representation to Principal Secretary

(Education) to the Government of Himachal Pradesh on

06.10.2023, Annexure P-1, (Colly) indicating three stations of

choice.

3.

Mr. Rohit Sharma, learned State Counsel submits

that the representation so made, is not in conformity with

Clause 16.1 of the Transfer Guidelines, whereby, an

employee, who intends to seek transfer from

tribal/hard/remote/rural area to a station of choice i.e. in a

soft area, is required to give five stations of choice and that

too in more than one district.

4. Faced with this situation, the learned counsel for

the petitioner submits that he may be permitted to make

fresh representation, in terms of Clause 16.1 of the Transfer

Guidelines, indicating five stations of choice, in more than

one district. This prayer appears to be genuine, as the

petitioner has a right to be considered for being posted at one

of the station of choice so as to avoid the charge of

discrimination and to ensure uniformity in implementation of

the transfer guidelines/policy to all concerned.

.

5. In this background, this Court permits the

petitioner to make a fresh representation in conformity with

Clause 16.1 of the Policy-Guidelines to the Respondent No.1-

Principal Secretary (Education), within a week from today,

who shall examine the same and to pass appropriate orders,

strictly in conformity with the mandate of Clause 12 and

Clause 16 of the Transfer Policy/Guidelines within two weeks,

thereafter; and that too after affording a personal hearing of

the petitioner.

Petition stands disposed of so also the pending

miscellaneous application(s), if any.

(Ranjan Sharma) Vacation Judge October 26, 2023 (shivender)