Himachal Pradesh High Court
Sewa Ram vs State Of H.P And Another on 2 January, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 9091 of 2022
.
Decided on: 2nd January, 2023
Sewa Ram .......Petitioner
Versus
State of H.P and another ...Respondents
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Surender Verma and Ms.
Bharti Mehta, Advocates.
For the respondents: Mr. Anup Rattan, Advocate
General with Mr. Y.P.S. Dhaulta,
Addl. A.G.
Tarlok Singh Chauhan, Judge. (Oral)
Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General appears and waives service of notice on behalf of the respondents.
2. The instant petition has been filed for the grant of following substantive relief:-
"(a) That the respondents may kindly be directed to consider the case of the petitioner as couple case by given him a concession of short stay for his transfer keeping in view the facts and circumstances of the case and petitioner may be adjusted against the 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 03/01/2023 20:32:48 :::CIS 2
station of his choice as mentioned in ground D of the writ petition i.e. .
(i) Government Middle School Shili Mchala under complex GSSS Cheog
(ii) Govt. Senior Secondary School, Juggar
(iii) Govt High School Seahmal
(iv) Govt. Senior Secondary School Cheog H.P and further direction may kindly be given to the respondents for transferring the petitioner in any other station near to his native place from where petitioner can look after his pregnant wife."
3. A perusal of the petition would go to show that save and except for the individual hardship, no legal or factual ground has been raised in the instant petition.
4. As regards the individual hardship, not only the case of the petitioner is covered by Clause 5.4 of the Comprehensive Guiding Principles, 2013, but we also find that the wife of the petitioner is in advance stage of her pregnancy.
5. In such circumstances, we deem it appropriate to dispose of this petition by directing the respondents to consider the case of the petitioner in the light of Clause 5.4 of the Comprehensive Guiding Principles, 2013 but also taken ::: Downloaded on - 03/01/2023 20:32:48 :::CIS 3 into account the advance stage of pregnancy of the wife of .
petitioner, by passing a speaking order within a period of three weeks from today. Pending application(s), if any, shall also stand disposed of.
For compliance, to come up on 6th March, 2023.
( Tarlok Singh Chauhan )
Judge
January 02, 2023 ( Virender Singh )
(naveen) Judge
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