Petitioner challenged his transfer as a couple case allowing his wife's transfer to a distant location. Court noted departmental communication indicating tenure completion and joined issue. Disposed by directing petitioner to approach competent authority via representation for adjustment with a hearing.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7129 of 2010 Decided on : 13.12.2010.
Narender Kumar ..…Petitioner .
Versus
State of H.P Through and others.
.… Respondents.
Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. K.B. Khajuria, Advocate. For the Respondents No.1 to 3. : Mr. Anil Jaswal, Dy. Advocate General. For the Respondent No.4 : Mr. M.C. Verma, Advocate.
V.K. Sharma, Judge (Oral)
The petitioner who is working as Lecturer (History) in School cadre and was posed in Government Sr. Secondary School, Mehla, District Chamba, H.P, has been transferred to Government Sr. Secondary School, Sunara, District Chamba, H.P, vide order dated 11.11.2000, Annexure P-1 to adjust private respondent No.4 who was earlier under transfer from Government Sr. Secondary School, Chamba to Government Sr. Secondary School, Sunara. Being aggrieved by and dissatisfied with the petitioner has filed the present petition mainly on the ground that his wife who is also working as Teacher in the respondent-department has been
1 Whether reporters of the local papers may be allowed to see the judgment? No,
2
recently transfered to Government Primary School, Hardaspura, District Chamba, H.P in April, 2010 being a couple case. However, the arrangement has been disturbed by the impugned transfer, whereby the wife of the petitioner has been transferred to a far away place, thereby adversely affecting their small school going children.
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position, he may certainly point out the same by way of appropriate representation before respondent No.1/competent authority within a fortnight along with copy of this judgment and the said respondent/competent authority shall decide the same in accordance with law and justice by exploring the possibility to adjust the petitioner at an appropriate place, after affording an opportunity of being heard to the petitioner and private respondent No.4. Interim order dated 16.11.2010 shall continue till then.
Copy Dasti.
(V.K. Sharma) Judge 13th December, 2010 CS
2 issues framed by the court
Whether the impugned transfer order passed to accommodate another staff member is sustainable.
Whether the petitioner can seek resolution of his grievance through appropriate representation to the competent authority.
Narender Kumar
State of H.P Through and others
V.K. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
