Satpal vs State Of Himachal Pradesh & Ors
2023 Latest Caselaw 17069 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH
                             AT SHIMLA
                                       CWP No.8204 of 2023
                                       Decided on: 26th October, 2023
    _____________________________________________________




                                                                          .
    Satpal                                      ....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. Tanuj Thakur, Advocate.

                                               Mr. Rohit Sharma,
                                               Advocate    General,                  for
                                                                                           Deputy
                                                                                              the

                                               respondents No. 1 to 4.


    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 4.

2. The petitioner, is a JBT belonging to District

Cadre. The petitioner has assailed the office order dated

30.09.2023, Annexure P-1, transferring him from GPS Dundei

Education Block Gehra, Tehsil Bharmour, District Chamba,

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

H.P. to GPS Titnu, Education Block Chamba 1st, District

Chamba, against vacancy.

3. The petitioner impugns the transfer order on the

.

ground that (i) after having served for more than five years in

GPS Dundei Education Block Gehra, which is a tribal area,

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

stations of his choice in terms of the transfer policy;

(ii) transfer without seeking choice of stations is arbitrary;

(iii) transfer without seeking options for station of choice is

discriminatory when, this concession/benefit is given to other

employees-JBTs.

4. The learned State Counsel states that the transfer

has been ordered an approval of the Competent Authority and

the petitioner has been posted against vacancy.

5. At this stage, the learned counsel for the petitioner

submits that he shall be satisfied in case, he is permitted to

make a representation to the Respondent No.2 i.e. Director

Elementary Education, Himachal Pradesh within a time

bound manner, pointing out his grievance, including

hardships which are to be examined by the

appointing/transferring authority, as per settled law.

6. Without adverting to the merits of the case, this

Court permits the petitioner to make a representation to the

respondent No.2-Director Elementary Education, Himachal

.

Pradesh, Shimla within two weeks from today. In case, any

such representation, is made, the Director of Elementary

Education, Himachal Pradesh, Shimla shall decide the

representation within two weeks thereafter; and that too after

affording an opportunity of hearing to the petitioner, in

accordance with the existing norms and the law.

In the aforesaid background, the operation of the

orders dated 30.09.2023, Annexure P-1, transferring the

petitioner from GPS Dundei Education Block Gehra, Tehsil

Bharmour, District Chamba, (HP) to GPS Titnu, Education

Block Chamba-I, District Chamba, is stayed, qua the

petitioner, in case, the petitioner has not been relieved, from

present place of posting, as on today.

Petition stands disposed of so also the pending

miscellaneous application(s), if any.

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