Himachal Pradesh High Court
Ram Prasad Sharma vs State Of Himachal Pradesh And Another on 1 January, 2019
Bench: Surya Kant, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
CWP No. 3075 of 2018
Decided on 1.1.2019
Ram Prasad Sharma ....Petitioner.
Versus
State of Himachal Pradesh and another ... Respondents.
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Coram The Hon'ble Mr. Justice Surya Kant, Chief Justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 For the petitioner : Mr. Vinay Sharma, Advocate.
For the respondent : Mr. Ashok Sharma, Advocate General with M/s. Ranjan Sharma, Adarsh K. Sharma, Ashwani K. Sharma and Nand Lal Thakur Additional Advocate Generals for respondent-State.
Surya Kant, Chief Justice (Oral).
The petitioner is working as a Principal in School Cadre and vide order dated 27th October, 2018 he was transferred to Government Senior Secondary School, Kalbog (Shimla) from Government Senior Secondary School, Kharyana (Kangra). The petitioner has not completed the normal tenure of three years in the above stated place of posting. He challenged his premature transfer before the Himachal Pradesh Administrative Tribunal and his Original 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 02/01/2019 20:02:31 :::HCHP 2Application was disposed of with a direction that his representation be considered.
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2. Pursuant to those directions, the Secretary (Education), Government of Himachal Pradesh vide order dated 22.12.2018 turned down the representation of the petitioner on the ground that he could be posted anywhere in the State in exigency of service, on administrative ground and in public interest.
3. The petitioner again challenged the said order before the Tribunal in Original Application No. 7714 of 2018, which has been disposed of vide impugned Order dated December 28, 2018, again relegating the petitioner to approach the Principal Secretary (Education), Government of Himachal Pradesh, who has been directed to decide the petitioner's representation by 15th January, 2019 and keeping in view the fact that the petitioner was willing to be adjusted against one of the existing vacancies at Government Senior Secondary School, Drang and Ban Khandi, District Kangra.
4. Not fully satisfied, the petitioner has filed the instant writ petition.
5. It appears that in the absence of any disclosed reason the petitioner ought not to have been transferred without completing the normal tenure of three years.
::: Downloaded on - 02/01/2019 20:02:31 :::HCHP 36. Be that as it may, he has agreed for his adjustment against existing vacancy at Government Senior Secondary School, Drang and .
Ban Khandi, District Kangra. Let the Principal Secretary (Education), Government of Himachal Pradesh, therefore, pass an order within a period of one week from today posting the petitioner against a vacant post at Drang or Ban Khandi in District Kangra. Since the petitioner is statedly to superannuate within two years or so, he may not be disturbed from the new place of posting, unless he himself makes a request for that purpose. For one week, till the order is to be passed by the Principal Secretary (Education), Government of Himachal Pradesh, the petitioner shall remain on leave of the kind due.
The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.
(Surya Kant) Chief Justice (Ajay Mohan Goel) Judge 1st January, 2019 (Guleria) ::: Downloaded on - 02/01/2019 20:02:31 :::HCHP