Himachal Pradesh High Court
Secondary School Sissu vs State Of H.P. Through Principal on 21 July, 2022
Bench: Sabina, Satyen Vaidya
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 21st DAY OF JULY, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
JUDGE
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 4297 OF 2022
Between:-
KUSHAL CHAND AGED 50 YEARS,
SON OF SHRI CHHEWANG, RESIDENT
OF VILLAGE KHORANG, P.O. GONDHLA,
TEHSIL & DISTRICT LAHAUL-SPITI, H.P.
PIN CODE:175240, PRESENTLY WORKING
AS D.P.E. AT GOVERNMENT SENIOR
SECONDARY SCHOOL SISSU, DISTRICT
LAHAUL-SPITI, H.P.
....PETITIONER
(BY SH. NARESH K. SHARMA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH PRINCIPAL
SECRETARY (EDUCATION) TO THE
GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. THE DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA-171001.
....RESPONDENTS
(SH. ANIL JASWAL, ADDITIONAL ADVOCATE GENERAL).
This petition coming on for orders this day, Hon'ble
Ms. Justice Sabina passed the following:
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ORDER
Petitioner has filed this petition under Article 226 of .
the Constitution of India, seeking following relief:-
"i) That writ of mandamus may kindly be also issued, directing the respondents to transfer the petitioner from the present place of posting i.e. Government Senior Secondary School Sissu, District Lahaul-Spiti, H.P. to one of the stations of his choice as mentioned in Ground-C of the writ petition, keeping in view the unavoidable family circumstances of the petitioner as well as provisions of the transfer policy formulated by the State Government or in the alternative, to direct the respondents to decide the representation dated 10.5.2022 (Annexure P-1) made by the petitioner within a time bound period."
2. Learned counsel for the petitioner has submitted that the petitioner has completed his normal tenure in Tribal Area and is now entitled for his transfer to a soft area, in terms of the transfer policy dated 10th July, 2013. Representation (Annexure P-1) moved by the petitioner in this regard to the respondents has not been decided so far.
3. Mr. Anil Jaswal, learned Additional Advocate General has submitted that the representation moved by the ::: Downloaded on - 21/07/2022 20:08:38 :::CIS -3- petitioner is not in terms of the transfer policy dated 10th July, 2013.
.
4. Accordingly, without adverting to the merits of the case, this writ petition is disposed of with a direction that in case the petitioner moves a fresh representation to the respondents in terms of the transfer policy, dated 10th July, 2013, within a week from today, then respondents shall dispose of the same within two weeks from the receipt of the representation, in accordance with law.
5. Pending application(s), if any, also stand disposed of.
(Sabina)
Judge
(Satyen Vaidya)
21st July, 2022 Judge
(kck)
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