Himachal Pradesh High Court
At Present Jbt Gps Manjhkhetar vs State Of H.P.Through Secretary ... on 1 November, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
1
Reportable/Non-reportable
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 1st DAY OF NOVEMBER, 2022
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE VIRENDER SINGH
CIVIL WRIT PETITION No. 7083 OF 2022
Between:-
DINESH KUMAR
SON OF SHRI SHYAM LAL, AGED 38 YEARS,
RESIDENT OF VILLAGE BAH, PO SALWANA,
TEHSIL SUNDERNAGAR, DISTRICT MANDI, H.P.
AT PRESENT JBT GPS MANJHKHETAR,
EDUCATION BLOCK SNR-I, DISTRICT
MANDI, H.P.
....PETITIONER
(BY MR. SURINDER SAKLANI, ADVOCATE)
AND
1. STATE OF H.P.THROUGH SECRETARY (EDUCATION),
TO THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA-171002.
2. THE DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA-1.
3. THE DEPUTY DIRECTOR OF ELEMENTARY
EDUCATION, MANDI, DISTRICT MANDI,
HIMACHAL PRADESH.
4. ANITA KUMARI
WIFE OF (NOT KNOWN TO THE PETITIONER),
JBT, GPS MANJHKHETAR, EDUCATION BLOCK
SNR-I, DISTRICT MANDI, H.P.
..RESPONDENTS
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(BY MR. SHIV PAL MANHANS, ADDL.
A.G, MR. BHUPINDER THAKUR, DY.
A.G AND MR. RAJAT CHAUHAN, LAW
OFFICER FOR R-1 TO R-3)
__________________________________________________________________
.
This petition coming on for admission on this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
following:-
ORDER
The instant petition has been filed for the grant of following substantive reliefs:-
"a) That a writ in the nature of certiorari may very kindly be issued and impugned office order dated 28.09.2022 as contained in Annexures P-1 may very kindly be quashed and set aside.
b) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to allow the petitioner to discharge his duties as JBT in GPS Manjkhetar, District Mandi, H.P."
2. Confronted with the records, learned counsel for the petitioner does not press the instant petition on merits, but would contend that the petitioner may be permitted to make a representation, taking into consideration the fact that there are about five stations, where the petitioner can be suitably adjusted and the same are as under:-
1) GPS Chawari, Education Block, SNR-I.
2) GPS Ghera, Education Block, SNR-I
3) GPS Khanokhar, Education Block, SNR-I ::: Downloaded on - 02/11/2022 20:33:26 :::CIS 3
4) GPS Jambla, Education Block, SNR-I
5) GPS Khalag, Education Block, SNR-I, District Mandi, Himachal Pradesh.
.
4. The prayer being innocuous is allowed. Accordingly, the writ petition is disposed of with a direction to the official respondents to consider the case of the petitioner sympathetically for his posting in any one of the aforesaid stations within a period of three weeks from today. Till such time, the petitioner may not be compelled to join at the transferred station and shall be allowed to work at the station where the petitioner is working. Pending applications, if any, also stand disposed of.
( Tarlok Singh Chauhan )
Judge
November 01, 2022 ( Virender Singh )
(naveen) Judge
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