Himachal Pradesh High Court
Decided On: 03.10.2024 vs State Of Himachal Pradesh & Others on 3 October, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2024:HHC:9508
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 11037 of 2024
Decided on: 03.10.2024
Balbir Singh ... Petitioner
Versus
State of Himachal Pradesh & others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
____________________________________________________ _
For the petitioner : Mr. Vikrant Chandel, Advocate.
For the respondents : Mr. Pushpinder Jaswal, Additional
Advocate General, for the
respondents-State.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has prayed for the
following relief:-
"(i) That the impugned office order dated 21.09.2024,
whereby the petitioner has been ordered to be transferred
from Govt. Senior Secondary School Kaza to Govt. Senior
Secondary School Kibber may very kindly be quashed
and set aside and the petitioner may very kindly be
allowed to work at the present place of posting keeping in
view the adverse family circumstances of the petitioner."
2. When the matter was listed on 30.09.2024, the following
order was passed:-
"Notice. Mr. Pushpinder Jaswal, learned Additional
Advocate General, accepts notice on behalf of the
respondents.
In terms of the impugned transfer order, the
petitioner has been transferred from Kaza to Kibber.
Learned Counsel for the petitioner submits that though
the petitioner has completed his normal tenure at Kaza,
but his difficulty is that last year he has lost his wife and
he has five children to look after, three of whom are
minor. He further submits that though the distance
between Kaza and Kibber is 28 Kms but as this is a
tribal area, which is snow blocked for more than six
months. In these circumstances, it would be in the interest
of justice in case the petitioner is either retained at Kaza
or posted at some nearby station.
Whether reporters of the local papers may be allowed to see the judgment?
2024:HHC:9508
List on 03.10.2024, to enable learned
Additional Advocate General to have instructions in
peculiar facts of the case. In the meanwhile, the petitioner
shall not be compelled to join the station to which he
stands transferred and he can avail the kind of leave due
to him."
3. Today, learned Additional Advocate General has handed
over copy of order passed by Director of Elementary Education,
Himachal Pradesh, Shimla-1, in terms whereof, in the peculiar facts
of the case, the petitioner has been adjusted at Government Middle
School, Jangza.
4. Learned counsel for the petitioner submits that the
petitioner is satisfied with the said posting.
5. In this view of the matter, this petition is disposed of.
Pending miscellaneous application(s), if any also stand disposed of
accordingly.
6. The Court places on record its appreciation for the
endeavour made by Mr. Pushpinder Jaswal, learned Additional
Advocate General in having the order passed by this Court on
30.09.2024, complied with in the peculiar facts of the case.
(Ajay Mohan Goel)
Judge
October 03, 2024
(Rishi)
