Himachal Pradesh High Court
Mandi H.P vs State Of Hp Through The on 24 August, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE VIRENDER SINGH
CIVIL WRIT PETITION NO. 5632 OF 2022
Between:- r to
RAJMAL S/O SH SHER SINGH,
VILLAGE SANGREHAR, P.O.
DEOT, TEHSIL MULTHAN, DISTT
KANGRA H.P. PRESENTLY
WORKING AS JBT AT GPS
KARERI SERAJ II MANDI DISTT.
MANDI H.P.
....PETITIONER
(BY SH. VISHWA BHUSHAN,
ADVOCATE)
AND
1. STATE OF HP THROUGH THE
PRINCIPAL SECRETARY
(EDUCATION) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. THE DIRECTOR OF ELEMENTARY
EDUCATION, HIMACHAL
PRADESH,SHIMLA-1.
3. THE DEPUTY DIRECTOR OF
ELEMENTARY EDUCATION,
MANDI, DISTRICT AT MANDI,
HIMACHAL PRADESH.
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2
4. TIRATH RAJ S/O SH NOT KNOWN
TO THE PETITIONER, GOVT
PRIMARY SCHOOL DRUMNU,
.
TEHSIL THUNAG DISTT. MANDI
H.P.
....RESPONDENTS
(SH. ASHOK SHARMA, A.G.
WITH SH. VINOD THAKUR, SH.
SHIV PAL MANHANS, ADDL.
A.GS., SH. BHUPINDER
THAKUR, SH. YUDHBIR SINGH
THAKUR, DY. A.GS. AND SH.
RAJAT CHAUHAN, LAW OFFICER,
FOR RESPONDLENTS-STATE)
This Petition coming on for orders this day, the Hon'ble Mr.
Justice Tarlok Singh Chauhan, passed the following:-
ORDER
Notice. Mr. Shiv Pal Manhans, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No. 1 to 3.
2. Admittedly, the petitioner has completed his normal tenure of service in a tribal/hard area as having been posted there since 22.07.2019, therefore, he is entitled to be posted at one of the soft stations of his choice.
3. For this purpose, the petitioner has set out five stations of his choice, as given in para-8 of the petition, which reads as under:-
1) GCPS Barot Education Block Drang Ist Mandi,
2. GPS Bari Jharwar, GPS Mayot Education Block Drang,
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4. GCPS Karsal Education Block Chauntra-2,
5. GPS Ropari Education Block Chauntra-1.
.
4. In the given facts and circumstances of the case, we deem it proper to dispose of this petition by directing the respondents to decide the case of the petitioner within three weeks from today and thereafter issue necessary consequential order of transfer of the petitioner to any one of the five stations of his choice.
5. Since, the petitioner had right to exercise his right to transfer him to soft station of his choice as he has completed his normal tenure of service at hard/difficult area, therefore, the respondents could not have unilaterally transferred him as has been done vide transfer order dated 12.08.2022. Consequently, the impugned transfer order is quashed and set aside.
5. The petition stands disposed of in the aforesaid terms, so also pending applications, if any.
(Tarlok Singh Chauhan) Judge (Virender Singh) th 24 August, 2022 Judge (sanjeev) ::: Downloaded on - 25/08/2022 20:02:15 :::CIS