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Himachal Pradesh High Court

Kashmir Chand vs State Of Himachal Pradesh on 23 March, 2022

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

                               1




         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                   ON THE 23rd DAY OF MARCH, 2022

                                BEFORE




                                                             .
                   HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,





                           CHIEF JUSTICE
                                 &





                 HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

                   CIVIL WRIT PETITION No. 1639 OF 2022

          Between :-





           KASHMIR CHAND, S/O SH. DAWANA, R/O
           VILLAGE SADHWANI, P.O. TIKKRI
           SADHWANI, TEHSIL BALDWARA,
           DISTRICT MANDI, H.P.
                     r                               ...PETITIONER

          (BY MR. ARUN KAUSHAL, ADVOCATE)

          AND

    1.     STATE OF HIMACHAL PRADESH


           THROUGH SECRETARY (EDUCATION)
           TO THE GOVERNMENT OF HIMACHAL
           PRADESH, SHIMLA-2.




    2.     DEPUTY DIRECTOR ELEMENTARY
           EDUCATION MANDI, DISTRICT MANDI,





           HIMACHAL PRADESH.

                                              ...RESPONDENTS





        (MR. ADARSH SHARMA AND
         MR. VIKAS RATHORE,
         ADDITIONAL ADVOCATES GENERAL)
    ____________________________________________________

                 This petition coming on for admission this day,

    Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the following :




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                                   2




                             ORDER

The petitioner seeks his transfer to one of the places of his choice, in accordance with the provisions of transfer policy .

on the ground of illness of his father and his having completed the requisite tenure in hard/sub cadre area. The grievance of the petitioner is that his representation dated 08.03.2022 (Annexure P-1) preferred in this regard to respondent No. 2/competent authority has not been decided till date.

2. Learned counsel for the petitioner submitted that the petitioner would be content in case a direction is issued to respondent No.2/competent authority to decide the representation dated 08.03.2022 (Annexure P-1) preferred by him within a time bound period. Learned Additional Advocate General is not averse to this prayer.

Accordingly, we dispose of the present writ petition by directing respondent No.2/competent authority to decide the representation dated 08.03.2022 (Annexure P-1) preferred by the petitioner for his transfer to one of the places of his choice as mentioned in his representation, in accordance with the provisions of transfer policy, within a period of six weeks from today, by passing a speaking order in accordance with law. In case the petitioner is not satisfied with the same, he shall be at ::: Downloaded on - 24/03/2022 20:10:55 :::CIS 3 liberty to avail appropriate remedy, in accordance with law, for redressal of his grievance(s). Pending applications, if any, also stand disposed of.

.

( Mohammad Rafiq ) Chief Justice 23rd March, 2022 (K) ( Jyotsna Rewal Dua ) Judge ::: Downloaded on - 24/03/2022 20:10:55 :::CIS