Suman Kumar Vs State of Hp and Another — Himachal Pradesh HC (2024) — LawSathi Research

Suman Kumar Vs State of Hp and Another — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to submit a fresh representation to respondent No.2 within a week; respondent No.2 to decide it within two weeks thereafter by a detailed and reasoned order strictly in terms of the Comprehensive Guiding Principles, 2013; petition and pending applications, if any, disposed of.

Issue for consideration

Whether the petitioner, having served the requisite tenure in a tribal area, is entitled to be posted at a station of his choice, notwithstanding the Director Technical Education's earlier rejection of his representation on grounds of tenure shortfall and non-vacancy of the preferred stations.

Court's answer

By further efflux of time, the petitioner having completed more than two years eight months' stay in a tribal area has become entitled to be posted at a station of his choice.

Ratio / Principle

The petitioner is permitted to submit a fresh representation to respondent No.2 within a week from the date of this order.

Key takeaways

On receipt of the fresh representation, respondent No.2 shall decide it within two weeks thereafter by passing a detailed and reasoned order strictly in terms of the Comprehensive Guiding Principles, 2013, for regulating the transfer of State employees.ratio¶16

Detailed headnote1 paragraphs

Transfer/posting — tribal area tenure — petitioner claimed entitlement to posting at a station of his choice on completing requisite tenure of 2 years 8 months in a tribal area; pursuant to this Court's order dated 29.11.2023 in CWP No. 9521 of 2023, the Director Technical Education had rejected his representation on the grounds of a shortfall in tenure (two years and five months completed) and non-vacancy of the represented stations of choice. Noting that with further efflux of time the petitioner had completed more than two years eight months' stay in a tribal area and had thereby become entitled to posting at a station of his choice, the Court permitted submission of a fresh representation to respondent No.2 within a week, to be decided within two weeks thereafter by a detailed and reasoned order strictly in terms of the Comprehensive Guiding Principles, 2013, for regulating transfer of State employees; petition and pending applications disposed of. (Paras 12, 16, 17)

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No. 1966 of 2024.

Date of Decision : 15th March, 2024.

Suman Kumar ...Petitioner.

Versus

State of H.P. & Anr. ... .Respondents.

Coram:

The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?¹ For the Petitioner: Ms. Archana Dutt, Advocate. For the Respondents: Mr. L.N. Sharma, Addl. A.G.

Satyen Vaidya, Judge (Oral).

Notice. Mr. L.N. Sharma, Addl. Advocate General,

appears and waives service of notice on behalf of the respondents.

Vide order dated 29.11.2023 passed by this Court in CWP No. 9521 of 2023, the Director Technical Education was directed to consider and decide the representation of the petitioner for being posted at the place of his choice as he had allegedly served for the requisite tenure in a tribal area. The Director Technical Education has rejected the representation of the petitioner and one of the grounds is that instead of completing tenure of 2 years 8 months, he had completed only two years and five months and another

1 Whether reporters of the local papers may be allowed to see the judgment?

…2…

ground that was taken for rejecting the representation was that the stations of choice as represented by the petitioner were not vacant.

By further efflux of time now the petitioner has completed more than two years eight months' stay in a tribal area and he has become entitled for being posted at a station of his choice. In this view of the matter, the petitioner is permitted to submit a fresh representation to respondent No.2 within a week from today. On receipt of such presentation, respondent No.2 shall decide the same within two weeks thereafter by passing a detailed and reasoned order strictly in terms of the Comprehensive Guiding Principles, 2013, for regulating the transfer of the State employees.

Petition stands disposed of, so also, the pending applications, if any.

(Satyen Vaidya) Judge

15^th March, 2024. (jai)