Writ petition filed by a teacher for transfer. Court permitted the petitioner to make a fresh representation to the competent authority, directing such authority to decide within three weeks.
Petitioner permitted to make a fresh representation; respondent directed to decide within three weeks and communicate.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.6306 of 2023
Decided on: 12th September, 2023 _________________________________________________________________ Munish Kumar ....Petitioner Versus State of H.P. & Ors …Respondents ________________________________________________________________ Coram_
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting?
_________________________________________________________________ For the petitioner: Mr. Sanjeev Kumar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Varun Chandel, Additional Advocates General and Mr. Sumit Sharma, Deputy Advocate General.
Jyotsna Rewal Dua, Judge
Notice. Mr. Sumit Sharma, learned Deputy
Advocate General, appears and waives service of notice on behalf of the respondents.
2. Heard.
3. Learned counsel for the petitioner submits that the petitioner, a Trained Graduate Teacher (Non-Medical), presently posted at GHS Bhogra, Tehsil Theog, District
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
Shimla, is seeking his transfer on account of his adverse family circumstances and also on account of the fact that his wife is also serving as JBT at GPS Janyankar, Tehsil and District Kangra, H.P. He further submits that the petitioner’s representation dated 05.08.2023 (Annexure P-2) made in this regard to respondent No.2-The Director Elementary Education, Himachal Pradesh, has not yet been decided.
4. Learned counsel for the petitioner submitted that the petitioner would be content in case, he is permitted to make a fresh representation to respondent No.2 /competent authority seeking his adjustment, whereafter competent authority be directed to decide the same within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.
5. In view of the above submissions, this writ petition is disposed of by permitting the petitioner to make a fresh representation to respondent No.2/competent authority within one week from today, which shall be considered and decided by respondent No.2/competent authority in accordance with law and applicable policy, within a period of three weeks thereafter. The decision so arrived at shall also
be communicated to the petitioner.
Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua Judge
September 12, 2023
R.Atal
1 issue framed by the court
Whether the petitioner should be permitted to file a fresh representation regarding his transfer and adjustment.
Munish Kumar
State of H.P.
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
