Anil Kumar vs State Of Himachal Pradesh And Others

Sabina, J

Petitioner has filed the petition under Article 226 of the Constitution of India seeking following reliefs:-

"i. That Respondent no.2 may kindly be directed to transfer the petitioner from present place of posting in compliance to clause 16 of the transfer policy without substitute against one of following choice of stations:

a.) GSSS Bhoura District Kangra H.P.

b.) GSSS Duhak District Kangra (over stay)

c.) GSSS Nanaon District Kangra (overstay)

d.) GSSS Khaira District Kangra H.P.

e.) Government Middle School Haldra under complex GSSS Dhatti District Kangra H.P. (over stay)

f.) GHS Ghatta District Mandi In the interest of justice and fair play."

Learned counsel for the petitioner has submitted that the petitioner has completed the normal tenure in a hard/tribal/ difficult area, i.e. 2 winters and 3 summers, and now seeks his transfer to a soft area. Learned counsel further submitted that the petitioner has already moved a representation, Annexure P-1, to respondent No.2, but no action has been taken on the same so far.

Mr. Narender Guleria, learned Additional Advocate General has submitted that the representation moved by the petitioner is not as per the guidelines issued in the Transfer Policy dated 10th July, 2013.

Accordingly, without adverting to the merits of the case, we deem it appropriate to dispose of this writ petition by directing the petitioner to move an appropriate representation in terms of the guidelines made in the Transfer Policy, to respondent No.2 within one week from today and respondent No.2 shall dispose of the same within fifteen days of receipt of copy of the representation alongwith copy of this order. Pending miscellaneous application(s), if any, also stand disposed of.

Copy dasti.