Disposed

Dharam Chand v. State

Himachal Pradesh HC8 Dec 2010CWP/6598/2010

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a transfer order. The petitioner, a Centre Head Teacher in a hard/tribal area, sought to continue at his present posting or be adjusted at a preferred location. The court directed the respondent to adjust the petitioner at one of his three chosen posts after affording him an opportunity of being heard.

What did the court decide?

Direction to respondent No. 2 to endeavour to adjust the petitioner at one of three places of his choice, including Govt. Centre Primary School, Tikkri, after affording an opportunity of being heard.

Dharam Chand Vs State — Pension and Retirement Benefits | Himachal Pradesh HC (2010)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

¶2

CWP No. 6598 of 2010 Decided on : 8.12.2010

¶3

___________________________________________________________ Dharam Chand … Petitioner.

¶4

Versus

¶5

State of Himachal Pradesh and others … Respondents.

¶6

___________________________________________________________ Coram:

¶7

Hon’ble Mr. Justice V.K. Sharma, Judge.

¶8

Whether approved for reporting?¹ No.

¶9

For the petitioner : Mr. Naresh Kaul, Advocate.

¶10

For the Respondents : Mr. Anil Jaswal, Dy. Advocate General, for respondents No. 1 to 3.

¶11

¶12

V.K. Sharma, Judge.(Oral)

¶13

The petition has been filed on the following prayers:-

¶14

“a) That writ of certiorari may be issued and the impugned order dated 14.10.2010 Annexure P-6 may kindly be quashed.

¶15

b) That the respondents may kindly be directed to allow the petitioner to continue at the present place of posting in view of judgment passed by this Hon’ble Court in favour of the petitioner on 30.10.2009 (Annexure P-3), as the petitioner has served in the sub cadre/hard area & post at CPS Bagori is also filled up since June 2010 by Sh. Ram Krishan.

¶16

c). That the present petition may kindly be allowed with costs, which may be ordered to be recovered from Respondent No.4, who has acted at the behest of some interested persons with colorable exercise of power at the

¶17

1 Whether reporters of the local papers may be allowed to see the judgment? No.

¶18

¶19

time when the petitioner was on leave & was performing last ceremonies of his mother (died on 2.10.2010) at Haridwar.”

¶20

In the reply filed on behalf of respondents No. 1 to 3, the following stand has been taken in paras 7 and 8:-

¶21

“7. That this para calls for no submission, being a matter of record. It is submitted that the petitioner is a CHT, who has the District cadre, therefore, he can be transferred anywhere within District Chamba. It is further submitted that the transfer of the petitioner from Govt. Centre Primary School, Sihunta, Block Sihunta to Govt. Centre Primary School, Bagori, Block Tissa, has been made with the prior approval of the competent authority after completion of his normal tenure in present school. It is further submitted that as per the information received from the Deputy Director of Elementary Education, Chamba, Chamba the petitioner is working at GCPS. Sihunta as CHT w.e.f 01.10.2005 till date, but the post of Centre Head Teacher at Govt. Primary School, Bagori is not vacant at this time. It is further submitted that the petitioner has been adjusted at Govt. Primary School, Balera Block Banikhet against vacancy on his request by the respondent No.3 vide order dated 20-11-2010.

¶22

That this para calls for no submissions. However, it is submitted that GCPS, Bagori, Block Tissa where the petitioner has been transferred does not fall in Hard/tribal area now.”

¶23

The petitioner, who was lastly working as CHT at Govt. Primary School, Sihunta, District Chamba, has been transferred to Govt. Primary school, Bagori, vide Annexure P-1. The record reveals that the petitioner had been transferred frequently. Being aggrieved, he had to take recourse to legal proceedings before the erstwhile

¶24

¶25

H.P. State Administrative Tribunal as also before this Court. It further transpires that though he had already served in hard area, yet he was again transferred to the same place, which falls in hard/tribal area.

¶26

In view of the above, the petition, so also the pending CMP(s), if any, is disposed of with a direction to respondent No.2 that subject to the petitioner submitting a representation along with copy of this judgment within one month from today, the said respondent shall consider the same in accordance with law and justice within next three months after affording an opportunity of being heard to the petitioner, by making an endeavour to adjust him against one of three places of his choice including Govt. Centre Primary School, Tikkri, Block Sihunta, Distt. Chamba, which according to the petitioner would fall vacant on 31.1.2011, if otherwise it is administratively expedient to do so.

¶27

Copy dasti.

¶28

(V.K. Sharma) Judge.

¶29

8^th December, 2010. (lsp)

Dharam Chand v. State

Case brief

What is this about?

What did the court decide?

Dharam Chand v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chanchal Kumar Vs State

Pyar Chand Vs State

Vinod Kumar Vs State

Parminder Kumar Vs State

Ruby Kaushal Vs State

Baldev Singh Vs State