Disposed

Rajesh Kumar v. State of Hp and Ors.

Himachal Pradesh HC3 Nov 2022CWP/7685/2022

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking transfer on medical grounds without examining merits, directing the petitioner to file a representation within a week for disposal within two weeks.

What did the court decide?

Direction to petitioner to file representation to Respondent No.1 within one week; direction to Respondent No.1 to dispose of the representation within two weeks.

Rajesh Kumar Vs State of Hp and Ors. — Service and Employment | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 03^rd DAY OF NOVEMBER, 2022

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BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MR. JUSTICE SUSHIL KUKREJA CIVIL WRIT PETITION No.7685 of 2022

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Between:-

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RAJESH KUMAR, SON OF SH. GIAN CHAND, RESIDENT OF V.GAGLU, P.O. BANE DI HATTI, TEHSIL BAROH, DISTRICT KANGRA, HIMACHAL PRADESH, PRESENTLY POSTED AS PRINCIPAL G.S.S.S.-HILLOR, PANGI, DISTT. CHAMBA, H.P., AGED 44 YEARS.

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….PETITIONER

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(BY MR. ADARSH K. VASHISTA ADVOCATE) AND

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1. STATE OF HIMACHAL PRADESH, THROUGH ADDITIONAL CHIEF SECRETARY (EDUCATION) TO THE GOVERNMENT OF HIMACHAL PRADESH, S HIMLA-171002 (H.P.)

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2. DIRECTOR HIGHER EDUCATION, LALPANI, SHIMLA-171001 (H.P.)

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3. DEPUTY DIRECTOR, HIGHER EDUCATION, CHAMBA, DISTRICT CHAMBA (H.P)

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….RESPONDENTS

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(BY MR. ASHWANI SHARMA, ADDITIONALADVOCATE GENERAL)

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This petition coming on for admission this day, Hon’ble Ms. Justice Sabina , passed the following:

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O R D E R

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Petitioner has filed the petition under Article 226 of the

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

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“i). That a writ in the nature of mandamus may kindly be issued directing the Respondents to transfer and relieve the petitioner to one of the stations as indicated in para 6 of the civil writ petition.”

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Learned counsel for the petitioner has submitted that petitioner had developed some heart ailment and he underwent an operation and a pacemaker was implanted. Petitioner has now been posted at a hard/difficult area, which is at an altitude of 12000 Feet. It is a hard/difficult area and due to the medical condition of the petitioner, it would be difficult for him to perform his duties effectively at the said station. Petitioner has, although, joined at the place of his posting in terms of order dated 21^st May, 2022 (Annexure P-1), but he has approached the respondents for redressal of his grievances to the effect that he may be posted at a soft area but no action has been taken so far.

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Learned counsel for the petitioner has further submitted that petitioner will move a fresh representation within a week from today and respondent No.1 be directed to dispose of the same within a time bound manner.

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Accordingly, without adverting to the merits of the case, this writ petition is disposed of with a direction that in case the petitioner moves a representation to respondent No.1 within a week from today, then respondent No.1 shall consider and dispose of the same within two weeks thereafter from date of the receipt of the representation, in accordance with law.

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Pending miscellaneous application(s), if any, also stand

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disposed of.

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(Sabina) Judge

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(Sushil Kukreja) Judge

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November, 03 2022

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(ravinder)

Rajesh Kumar v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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