Himachal Pradesh High Court
_______________________________________________________ vs State Of Himachal Pradesh & Another on 10 January, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.429 of 2024
Decided on: 10.01.2024
_______________________________________________________
Vivek Sharma ....Petitioner
.
Versus
State of Himachal Pradesh & Another. ....Respondents
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
For the petitioners : Mr. Hemant Vaid, Advocate.
of
For the respondents : Mr. B.C. Verma, Additional
Advocate General.
Ranjan Sharma, Judge (Oral)
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Notice. Mr. B.C. Verma, learned Additional Advocate
General, appears and waives service of notice on behalf of the
respondents.
2. With the consent of the parties, the instant writ
petition is taken up for disposal, at this stage, in view of the
peculiar facts as borne out from the pleadings.
3. The petitioner, has filed the instant writ petition with
the following prayer(s):-
"The respondents be directed to accept the
representation marked Annexure P-2, to this writ
petition and to transfer the petitioner from his
present place of posting of Trained Graduate Teacher
(Non Medical) at Government Senior Secondary
Whether reporters of Local Papers may be allowed to see the judgment? Yes
School Sunara, Up-Tehsil Dharwala, Tehsil and
District Chamab, Himachal Pradesh to any one of the
places of his choice as mentioned in Annexure P-2."
4. The only grievance of the petitioner is that the
.
petitioner is working as Trained Graduate Teacher (Non Medical)
in Government Senor Secondary School Sunara, Up-Tehsil
Dharwala, Tehsil and District Chamba, on contract basis, and he
joined on 01.03.2021. The petitioner is stated to have completed
of
the normal tenure of two winters and three summers in the
aforesaid school, which is a categorized as hard/rural/remote
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area. On completion of the normal tenure, the petitioner, as per
learned counsel, is entitled to be considered for posting to a soft
station and that too at one of the station of choice.
5. In this background, the petitioner is stated to have
submitted a representation on 15.12.2023, Annexure P-2,
indicating five stations of choice.
6. Per contra, Mr. B.C. Verma, learned State Counsel
submits that the representation dated 15.12.2023, Annexure P-2,
is not in consonance with the existing Transfer Policy for the
reason that the petitioner is a contractual Trained Graduate
Teacher (Non Medical) and he would be completing requisite three
years of mandatory service on 29.02.2024 and the prescription of
two winters and three summer of stay is not applicable, in case of
the contractual appointees.
6. Faced with this situation, learned counsel for the
petitioner prays for and is granted four weeks time to make
.
additional representation in continuation of the present
representation dated 15.12.2023, Annexure P-2, to the
Respondent No.2-Director of Elementary Education, Himachal
Pradesh; with further direction to the aforesaid respondent to
consider/examine the existing representation dated 15.12.2023,
of
Annexure P-2 and the fresh representation to be submitted as
undertaken today on or before 29th February, 2024.
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7. Needless to say that, this Court has not adverted to
the rival contentions and merits of the matter and all questions of
facts and law are left open.
In aforesaid terms, the writ petition as well as the
pending miscellaneous application(s), if any, shall also stand
disposed of, accordingly.
(Ranjan Sharma)
January 10, 2024 Judge
(himani)
