Disposed

Rajesh Kumar v. State of Hp and Ors.

Himachal Pradesh HC3 Dec 2021CWP/6713/2021

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a writ petition regarding a teacher's transfer. Without adjudicating merits, the Court directed the Director of Elementary Education to dispose of a fresh representation filed by the petitioner within 15 days.

What did the court decide?

Direction to respondents to dispose of a fresh representation within 15 days if filed by petitioner.

Rajesh Kumar Vs State of Hp and Ors. — Education and Admissions | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 3^rd DAY OF DECEMBER, 2021

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BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION No.6713 of 2021

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Between:-

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RAJESH KUMAR, SON OF LATE SHRI PREM CHAND, VPO MARWARI, TEHSIL GHANARI, DISTRICT UNA, H.P., PRESENTLY WORKING AS TGT(NM) AT GSSS BHALOO EDU. BLOCK, KUPVI, DISTRICT SHIMLA, H.P. (BY MR. SANJAY DUTT VASUDEVA, ADVOCATE) AND

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..….PETITIONER

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1. STATE OF H.P. THROUGH SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

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2. THE DIRECTOR OF ELEMENTARY EDUCATION, HIMACHAL PRADESH, LALPANI, SHIMLA-1, H.P.

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3. THE DEPUTY DIRECTOR OF ELEMENTARY EDUCATION, SHIMLA, DISTRICT SHIMLA, H.P. …...RESPONDENTS

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(BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. NAND LAL THAKUR, ADDITIONAL ADVOCATE GENERAL)

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This Civil Writ Petition coming on for admission this day, Hon’ble

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Ms. Justice Sabina, passed the following:

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O R D E R

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The petitioner has filed the present petition under Article 226 of

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the Constitution of India, seeking mainly the following relief(s):-

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“(i) That the respondents may be directed to decide the representation dated 25-02-2021 i.e. Annexure P-1 of the petitioner within time bound manner.

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(ii) That the respondents may kindly be directed to transfer the petitioner nearby his home District at Una/Kangra against vacant post or at one of the place where the incumbents are having longer stay mentioned in para supra in the interest of justice and fair play.

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(iii) That the respondents may kindly be directed not to impose the condition of reliever.”

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During the course of arguments, learned counsel for the petitioner has submitted that, at this stage, he would be satisfied if respondent No.2- Director of Elementary Education Himachal Pradesh, is directed to dispose of the pending representation (Annexure P-1) moved by the petitioner, through proper channel, in a time bound manner. Learned counsel for the petitioner further submitted that the petitioner has already worked for the requisite period in hard area and as per the Transfer Policy of the State government dated 10.7.2013, the petitioner is required to be posted in a soft area.

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Accordingly, without adverting to the merits of the case, we dispose of the present writ petition with a direction that in case the petitioner moves a fresh representation to respondent No.2- Director of Elementary Education Himachal Pradesh, as per guidelines laid down in the Transfer Policy dated 10.7.2013, within a period of one week from today, then the said respondent shall dispose of the representation, in accordance with law, within 15 days of receipt of the representation alongwith copy of this order.

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Pending miscellaneous application(s), if any, also stands disposed of.

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( Sabina ) Judge

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( Jyotsna Rewal Dua) Judge

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December 3, 2021 (ks)

Rajesh Kumar v. State of Hp and Ors.

Case brief

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Rajesh Kumar v. State of Hp and Ors.

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