Suresh Kumar vs State Of H.P. & Ors
2023 Latest Caselaw 12959 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6079/2023 Decided on: 05.09.2023

.

    Suresh Kumar                           ...Petitioner





                     Versus

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

........................................................................................... Coram Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Naresh Kaul, Advocate vice Mr. Vinod Thakur, Advocate.

    For the respondents:                      Mr. Anup Rattan, Advocate General
                          r                   with Mr. Rupinder Singh,

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

    Jyotsna Rewal Dua , J

Notice confined to respondents No.1 to 3. Mr. Rupinder

Singh, learned Additional Advocate General, appears and waives

service of notice on behalf of the respondents.

2. With the consent of learned counsel for the parties, the

matter is heard at this stage.

3. The grievance of the petitioner is to the office order

dated 26.08.2023, whereunder he has been transferred from

Government Senior Secondary School Kakriar (Hamirpur) to

Government Senior Secondary School Saleti (Kangra). The transfer

has been ordered vice Smt. Sapna Chauhan-respondent No.4.

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

Pleadings of the case reflect that for quite number of years the

petitioner has remained posted in District Hamirpur even though he is

.

Lecturer (Chemistry) & belongs to State Cadre. Referring to Annexure

P-4 dated 10.06.2015, learned counsel for the petitioner submitted

that it is on account of petitioner's ailment that he has been allowed to

serve in and around District Hamirpur. Learned counsel for the

petitioner submitted that the petitioner would be content in case in

view of his medical condition, he is permitted to submit a

representation to respondent No.2/competent authority seeking his

suitable adjustment in accordance with applicable transfer policy,

whereafter, competent authority/respondent No.2, be directed to

decide the representation to be made by him, in a time bound

manner. Learned Additional Advocate General has no objection to

this prayer.

4. In view of above submissions, the instant writ petition is

disposed of by permitting the petitioner to make a representation to

the competent authority/respondent No.2, within a period of one week

from today, who shall in turn, consider and decide the same, in

accordance with law and applicable Transfer Policy, within a further

period of one week. The ailment said to be suffered by the petitioner

be also kept in view. The order so passed be communicated to the

petitioner. Till such time, the petitioner shall not be compelled to join

at the transferred station and he may avail the leave of kind due. In

case the representation is not preferred by the petitioner within the

indicated time-line, the protection made available to him under this

.

order shall stand vacated. Pending miscellaneous application(s), if

any, shall also stand disposed of.

                                                       Jyotsna Rewal Dua
                                                             Judge
    05th September, 2023(rohit)



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