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Himachal Pradesh High Court

Suneet Kumar vs State Of H.P. Through on 5 May, 2022

Bench: Sabina, Satyen Vaidya

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                    ON THE 5th DAY OF MAY, 2022




                                                          .

                               BEFORE
                    HON'BLE MS. JUSTICE SABINA





                                    &

                 HON'BLE MR. JUSTICE SATYEN VAIDYA

                  CIVIL WRIT PETITION No. 2732 of 2022





     Between:-

     SUNEET KUMAR,
     S/O SH. SAGAR SINGH,

     R/O VILLAGE BODHAL, P.O. PAHRA,

     TEHSIL PALAMPUR, DISTRICT KANGRA, H.P.
     PRESENTLY POSTED AS TGT NON- MEDICAL,
     GOVT. MIDDLE SCHOOL THANDAL,
     U/C GOVT. SR. SEC. SCHOOL PURTHI
     (PANGI), DISTRICT CHAMBA, H.P.


     AGED ABOUT 38 YEARS.                               ...PETITIONER

     (BY MR. JAGAT PAL, ADVOCATE)
      AND




    1. STATE OF H.P. THROUGH
       PRINCIPAL SECRETARY (EDUCATION)





       TO THE GOVERNMENT OF HIMACHAL PRADESH,
       SHIMLA-2.

    2. DIRECTOR ELEMENTARY EDUCATION,





       HIMACHAL PRADESH, SHIMLA-1.

    3. DEPUTY DIRECTOR ELEMENTARY EDUCATION,
       CHAMBA, DISTRICT CHAMBA, H.P.         ... RESPONDENTS

     (BY SH. ASHWANI SHARMA,
      ADDITIONAL ADVOCATE GENERAL)




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                                    2




               This petition coming on for admission this day,

    Hon'ble Ms. Justice Sabina, passed the following:




                                                          .

                              ORDER

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-

"i). That the respondent No. 1 may very kindly be directed to decide the representation dated 22.03.2022 (Annexure P-1) within time bound manner and adjust him to one of the stations of his choice mentioned in the representation as under:

a. Govt. High School Draman, Tehsil Jaisinghpur, District Kangra, H.P. b. Govt. Sr. Sec. School Pahra, Tehsil Palampur, District Kangra, H.P. c. Govt. Sr. Sc. School Ghar, Tehsil Palampur, District Kangra, H.P. d. Govt. Sr. Sec. School Bhoura, Tehsil Palampur, District Kangra, H.P. e. Govt. Sr. Sec. School Khera, Tehsil Palampur, District Kangra, H.P."

2. Learned counsel for the petitioner has submitted that the petitioner has completed his normal tenure in the hard/tribal area and is now entitled for his transfer to a soft area, in terms of the transfer policy dated 10th July, 2013.

Representation dated 22.03.2022 (Annexure P-1), moved by the petitioner in this regard to the respondents has not .

been decided so far.

3. Learned Additional Advocate General has submitted that the representation moved by the 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 10 th July, 2013, within a week from today, then respondents shall dispose of the same within two weeks of the receipt of the representation, in accordance with law.

Pending application(s), if any, also stand disposed of.

(Sabina) Judge (Satyen Vaidya) Judge.

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