Munish Kumar vs State Of H.P. & Ors
2023 Latest Caselaw 13381 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.6306 of 2023 Decided on: 12th September, 2023 _________________________________________________________________

.

    Munish 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. Sanjeev Kumar, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General

with Mr. Varun Chandel, Additional Advocates General and Mr. Sumit Sharma, Deputy Advocate General.

______________________________________________________________

Jyotsna Rewal Dua, Judge

Notice. Mr. Sumit Sharma, learned Deputy

Advocate General, appears and waives service of notice on

behalf of the respondents.

2. Heard.

3. Learned counsel for the petitioner submits that

the petitioner, a Trained Graduate Teacher (Non-Medical),

presently posted at GHS Bhogra, Tehsil Theog, District

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

Shimla, is seeking his transfer on account of his adverse

family circumstances and also on account of the fact that his

wife is also serving as JBT at GPS Janyankar, Tehsil and

.

District Kangra, H.P. He further submits that the petitioner's

representation dated 05.08.2023 (Annexure P-2) made in this

regard to respondent No.2-The Director Elementary

Education, Himachal Pradesh, has not yet been decided.

4. Learned counsel for the petitioner submitted that

the petitioner would be content in case, he is permitted to

make a fresh representation to respondent No.2 /competent

authority seeking his adjustment, whereafter competent

authority be directed to decide the same within a fixed time

schedule. Learned Additional Advocate General is not averse

to this prayer.

5. In view of the above submissions, this writ

petition is disposed of by permitting the petitioner to make a

fresh representation to respondent No.2/competent authority

within one week from today, which shall be considered and

decided by respondent No.2/competent authority in

accordance with law and applicable policy, within a period of

three weeks thereafter. The decision so arrived at shall also

be communicated to the petitioner.

Pending miscellaneous application(s), if any, also

to stand disposed of.

.

                                                Jyotsna Rewal Dua
                                                      Judge





    September 12, 2023
       R.Atal




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