Himachal Pradesh High Court
Gps Kerka Guina vs State Of Himachal Pradesh on 2 June, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF JUNE, 2022
BEFORE
.
HON'BLE MS. JUSTICE SABINA
ACTING CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.3481 of 2022
Between:-
ANIL KUMAR, SON OF SHRI RAJESH KUMAR,
RESIDENT OF VPO & TEHSIL KAMROO,
DISTRICT SIRMOUR, HIMACHAL PRADESH,
PRESENTLY WORKING AS JBT TEACHER AT
GPS KERKA GUINA, EDUCATION BLOCK
KAFFOTA, DISTRICT SIRMOUR, HIMACHAL
PRADESH. ......PETITIONER
(BY MR. VINAY SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH, THROUGH
ITS PRINCIPAL SECRETARY (EDUCATION)
TO THE GOVERNMENT OF HIMACHAL PRADESH.
2. THE DIRECTOR OF ELEMENTARY EDUCATION,
HIMACHAL PRADESH LAL PANI AT SHIMLA,
HIMACHAL PRADESH.
3. THE DEPUTY DIRECTOR ELEMENTARY
EDUCATION, DISTRICT SIRMOUR AT NAHAN,
HIMACHAL PRADESH.
4. BLOCK ELEMENTARY EDUCATION OFFICER,
KAFFOTA, DISTRICT SIRMOUR, HIMACHAL
PRADESH. ...... RESPONDENTS
(MR. ASHWANI K. SHARMA, ADDITIONAL
ADVOCATE GENERAL)
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___________________________________________________
This Civil Writ Petition coming on for admission this day, Hon'ble
.
Ms. Justice Sabina, passed the following:
ORDER
Petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking mainly the following relief(s):-
"i) That the respondents may kindly be directed to decide the representation dated 16.05.2022 i.e. Annexure P-2 within time bound manner.
ii) That the respondent may kindly be directed to transfer the present petitioner from GPS Kerka Guina to one of his choice station i.e. (1) GPCS Kanti Mashwa Education Block Sataun, (2) GPS Dhab Pipli Education Block Sataun, (3) GPS Banana, (4) GPS Dungana, (5) GPS Thalpa Education Block Kaffota, District Sirmour, H.P., where the post of JBT Teacher is lying vacant as per transfer policy clause 5.4 as well as on completion of normal tenure in hard/tribal area of the district Sirmour or any nearby place where the wife of the petitioner has been working in the interest of justice and fair play."
2. Learned counsel for the petitioner has submitted that the petitioner has completed his normal tenure in a hard/difficult area and now is entitled for his posting to a soft area. Petitioner has submitted his representation dated 16.5.2022 (Annexure P-2) to respondent No.2 ::: Downloaded on - 02/06/2022 20:04:44 :::CIS 3 in this regard, but no action has been taken so far in the matter by the said respondent.
3. Accordingly, without adverting to the merits of the case, we .
deem it appropriate to dispose of the writ petition with a direction to respondent No.2, Director of Elementary Education, Himachal Pradesh, to dispose of the representation of the petitioner dated 16.5.2022 (Annexure P-2), in accordance with law, within a period of two weeks from the date of receipt of the copy of this order.
4. Pending miscellaneous application(s), if any, shall also stand disposed of.
( Sabina )
Acting Chief Justice
( Satyen Vaidya)
June 2, 2022 (ks) Judge
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