Anil Kumar vs State Of Himachal Pradesh Through Its Secretary (Education) And Others

Mohammad Rafiq, CJ

This writ petition has been filed by Anil Kumar, who is working on the post of TGT (Non- Medical) in Government Senior Secondary School, Riyali, District Kangra, aggrieved by his transfer to Government Middle School, Pandhar, District Shimla, which is about 400 kilometers away from his native place.

It is contended that the order of transfer is made in order to accommodate respondent No.3, who was already ordered to be transferred from Government Senior Secondary School, Bhadpur, District Kangra to Government Middle School Pandhar, District Shimla, and he has managed his transfer on the basis of D.O. Note obtained from some political worker of the ruling party. Reliance is placed on order dated 5.10.2021, passed by a co-ordinate Bench of this Court in CWP No.4570 of 2021, titled Sunita Kumari versus State of H.P. & others, and also on judgment dated 20.7.2021, passed in CWP No.2862 of 2021, titled Vipender Kalta versus State of H.P. & others.

In answer to a pointed query of the Court, learned counsel for the petitioner did not dispute that the petitioner is posted at the present place in November, 2017. Thus, he has completed four years at the present place of posting. Therefore, we are not inclined to interfere with the order of transfer, however, we set the petitioner at liberty to approach respondent No.2-The Director of Elementary Education, Himachal Pradesh, by way of a detailed representation, highlighting therein all the aspects of hardships, along with a copy of this order, within a period of three days from today, who shall consider and decide the same within fifteen days, thereafter.

With the above observations, the writ petition is disposed of, so also the pending application(s), if any.

Copy Dasti.