Dinesh Kumar vs State Of H.P. & Ors
2023 Latest Caselaw 13259 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.6253 of 2023 Decided on: 11th September, 2023 _________________________________________________________________

.

    Dinesh Kumar                                                            ....Petitioner





                                       Versus





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

_________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner:r Mr. Subhash Chander, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General

with Mr. Rupinder Singh Thakur & Mr. Varun Chandel, Additional Advocates General, Mr. Sumit Sharma, Deputy Advocate General for

respondents No. 1 to 4.

Jyotsna Rewal Dua, Judge

Notice confined to respondents No.1 to 4, which is

accepted by Mr. Sumit Sharma, learned Deputy Advocate

General.

2. With the consent of learned counsel for the

parties, the matter is heard at this stage.

3. The petitioner is serving as Junior Basic Trained

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

Teacher (JBT) at Govt.Primary School Kothi, E/B Bangana

District Una, H.P. Sh. Sanjay Kumar (respondent No.5) is also

statedly serving as JBT at GPS Chital Bukhari, E/B Bagsaid,

.

District Mandi, H.P.

4. The petitioner's case is that he and respondent

No.5 submitted representations on 11.01.2023 and

09.01.2023 (Annexure P-2) for inter-district transfer on

mutual basis under Sub Clause 5 of Clause (C) of notification

dated 20.11.2021. Their representations were dealt with by

respondents No.3 and 4 i.e. concerned Deputy Directors. The

feasibility report of inter-district transfer in case of

respondent No.5 was furnished by the Deputy Director of

Elementary Education Mandi, District Mandi, whereas, the

Deputy Director of Elementary Education Una, District Una,

submitted the feasibility report in respect of the petitioner.

5. The grievance of the petitioner is that the

aforesaid representations of the petitioner and respondent

No.5 are not being considered and decided by respondent

No.2 despite the feasibility reports submitted by the

concerned Deputy Directors, till date.

6. In view of the above submissions, this writ

petition is disposed of by directing respondent No.2/

competent authority to decide the representations of the

petitioner and respondent No.5 (Annexure P-2) within three

.

weeks from today in accordance with law and applicable

policy as well as notification dated 20.11.2021. Copy of order

shall also be communicated to the petitioner and respondent

No.5.

Pending miscellaneous application(s), if any, also

to stand disposed of.

Jyotsna Rewal Dua Judge September 11, 2023

R.Atal