Praveen Kumar Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

Praveen Kumar Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Director Elementary Education, Government of Himachal Pradesh directed to reconsider and decide the petitioner's representation for inter district transfer within three weeks, strictly in terms of the State Government's adopted policy; pending applications, if any, stand disposed of.

Issue for consideration

Whether, after the State revived the Inter District Transfer Policy on 20.02.2024, the rejection of the petitioner's representation on 08.12.2023 — effected solely because the policy had been kept in abeyance — would prejudice the petitioner's rights and warranted reconsideration.

Court's answer

Since the State Government has revived the Inter District Transfer Policy vide notification dated 20.02.2024, allowing the 08.12.2023 rejection of the petitioner's representation (made only on the ground that the policy had been kept in abeyance) to survive will cause prejudice to the petitioner's rights.

Ratio / Principle

The instant petition is disposed of by directing the Director Elementary Education, Government of Himachal Pradesh to reconsider and decide the petitioner's representation.

Key takeaways

The representation is to be considered and decided within three weeks from the date of passing of the order, strictly in terms of the policy adopted by the State Government for inter district transfer.ratio¶19
Pending applications, if any, also stand disposed of.ratio¶19

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla — CWP No. 2046 of 2024, decided 15.03.2024 (Judge: Satyen Vaidya). Petitioner Praveen Kumar had sought inter district transfer under the State Government's Inter District Transfer Policy; having failed, he had approached the Court in CWP No. 6288 of 2023, by order dated 12.09.2023 in which the respondents were directed to consider and decide his representation. Before the representation could be decided, the State placed the policy in abeyance vide notification dated 24.11.2023, and the competent authority rejected the representation on 08.12.2023 solely on the ground of abeyance. The State thereafter revived the policy vide notification dated 20.02.2024. Holding that survival of the abeyance-based rejection would prejudice the petitioner's rights, the Court disposed of the petition by directing the Director Elementary Education to reconsider and decide the representation within three weeks, strictly in terms of the adopted inter district transfer policy; pending applications also stand disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 2046 of 2024

Decided on: 15.03.2024

Praveen Kumar. .…Petitioner. Versus State of H.P. and Ors. …Respondents. Coram

The Hon’ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?¹

For the petitioner : Mr. Mukul Sood, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General.

Satyen Vaidya, Judge (Oral)

Petitioner had sought the indulgence of his

employer on his prayer to transfer him under the policy framed by the State Government for Inter District Transfers. Having failed to achieve result, petitioner had approached this Court by way of CWP

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

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No. 6288 of 2023. This Court vide order dated 12.09.2023 had issued directions to the respondents

to consider and decide the representation of the petitioner.

Before the representation of the petitioner could be decided, the State Government vide notification dated 24.11.2023 had place the Inter District Transfer Policy in abeyance. As a consequence, the representation of the petitioner came to be rejected by the competent authority on 08.12.2023 only on the ground that the policy for inter district transfer has been kept in abeyance.

The State Government has again revived the Inter District Transfer Policy vide notification dated 20.02.2024 and hence, the rejection of the representation of petitioner on 08.12.2023, if allowed

to survive will cause prejudice to the rights of the petitioner. Accordingly, the instant petition is disposed of by directing the Director Elementary Education, Government of Himachal Pradesh to reconsider and decide the representation of petitioner

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within three weeks from the date of passing of this order strictly in terms of policy adopted by the State Government for inter district transfer. Pending applications, if any also stand disposed of.

(Satyen Vaidya) 15^th March, 2024 Judge (sushma)