Himachal Pradesh High Court
Karam Chand Negi vs State Of H.P. & Another on 27 November, 2019
Bench: Dharam Chand Chaudhary, Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 3405 of 2019.
Decided on: 27th November, 2019 .
Karam Chand Negi ......Petitioner.
Versus State of H.P. & Another ....Respondents.
Coram The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 No. For the Petitioner : Mr. Mukul Sood, Advocate.
For the respondents
r : Mr. Hemanshu Mishra, Addl.
A.Gs.
Dharam Chand Chaudhary, J. (oral).
In this writ petition a direction has been sought to be issued to the respondents to transfer the petitioner from Government Middle School, Jasrath, District Lahaul and Spiti to a place of his choice in Kullu District. Also that his substitute be also posted at Government Middle School, Jasrath so that he could be relieved therefrom.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 04/12/2019 20:25:06 :::HCHP 22. The relief has been sought to be granted on the grounds inter alia that the petitioner was appointed as TGT (Non-Medical) in the year .
2016 and posted as such in Government Middle School, Jasrath u/c Government Senior Secondary School, Jhalman, District Lahaul and Spiti, H.P., vide order dated 3rd November, 2016 Annexure P-1. The petitioner has completed his normal tenure in the said school. He, however, has not been transferred as yet, irrespective of the representation(s) he made for the purpose to respondent No.2.
3. On 14.11.2019, while issuing notice to the respondents, following orders came to be passed in this writ petition:
" Notice. Mr. J.S. Guleria, Learned Deputy Advocate General appears and accepts service of notice on behalf of the respondents.
Since the petitioner has already completed his normal tenure in tribal area and this petition has been filed with a prayer to direct the respondents ::: Downloaded on - 04/12/2019 20:25:06 :::HCHP 3 to transfer him from the present place of posting to the place of his choice, learned Deputy Advocate General to .
have instructions in the matter. List on 21 st November, 2019."
4. The instructions could not be obtained by learned Additional Advocate General for the date fixed i.e. 21.11.2019, on which date, while granting further time for the purpose, the respondents were directed not to fill-up the post of TGT (Non-Medical) lying vacant in Government Senior Secondary School, Pini. This Court, however, was informed on the previous date that the post of TGT (Non Medical) lying vacant in Government Senior Secondary School, Pini was already filled up well before the order passed by this Court on 21.11.2019.
5. Learned counsel representing the petitioner has, however, brought to our notice that one post of TGT (Non-Medical) is lying vacant in Government High School, Thatibir and Government Senior Secondary School, Mohini, in District Kullu.
::: Downloaded on - 04/12/2019 20:25:06 :::HCHP 4Learned Additional Advocate General was granted time to have instructions as to whether such posts are lying vacant or not. Consequently, the .
instructions obtained in the matter have been placed on record and as per the same the post of TGT (Non-Medical) is lying vacant in Government High School, Thatibir, District Kullu.
6. Learned counsel submits that the petitioner would feel content in case transferred and posted against the said vacancy in Government High School, Thatibir. As per the written instructions, Government Middle School, Jasrath, the present place of posting is situated in tribal area.
According to learned counsel, in the event of transfer of the petitioner from the said school, his substitute is required before he is relieved. The Principal Bench of this Court in CWP No. 2114 of 2018, titled Sunil Kumar versus State of H.P. & Others and its connected matters has held that it is the duty of the respondents to provide substitute of ::: Downloaded on - 04/12/2019 20:25:06 :::HCHP 5 an employee posted in tribal area. Also that the petitioners in those cases cannot be subjected to a prolonged stay in the tribal area merely because the .
authorities are unable to find out his alternative.
Therefore, it is for the respondents-State to provide the substitute of the petitioner in Government Middle School, Jasrath, District Lahaul and Spiti.
There is no reason as to why the petitioner cannot be transferred and posted in Government High School, Thatibir and his substitute is provided by the respondents at Government Middle School, Jasrath.
7. In view of the points in issue in this writ petition are covered by the judgment of this Court in Sunil Kumar's case cited supra, this writ petition is disposed of with a direction to the respondents to transfer the petitioner from Government Middle School, Jasrath, District Lahaul and Spiti to Government High School, Thatibir, District Kullu and ensure that his substitute joins ::: Downloaded on - 04/12/2019 20:25:06 :::HCHP 6 duty there at the earliest preferably within four weeks from today. The writ petition is accordingly allowed and stands disposed of. Pending .
application, if any, shall also stand disposed of.
(Dharam Chand Chaudhary), Judge.
November 27, 2019(ps)
r to (Anoop Chitkara),
Judge.
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