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Anil Kumar vs State Of H.P. & Others

High Court Of Himachal Pradesh · Decided on 5 November 2020 · Citation: (2020) 11 SHI CK 0056

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 4987 Of 2020
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Judgment

5 paragraphs · 331 words

Anoop Chitkara, J

1.

The petitioner, who is working as Veterinary Pharmacist, in Veterinary Dispensary Kolong, Tehsil Keylong, District Lahaul & Spiti, H.P., has come up before this Court seeking his transfer from difficult/hard area to one of the stations of his choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers.

2.

Notice. Mr. Adarsh Sharma, learned Additional Advocate General, appears and accepts service of notice on behalf of the respondents.

3.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

4.

Consequently, this petition is disposed of with liberty to the petitioner to make representation to the respondent/ authorities concerned giving five stations of her choice, which must be spread in more than one district, within one week from today, in the light of clause 16.1 read with clause 16.5 of the transfer policy. On receipt of such representation, the respondent/authorities shall decide the representation of the petitioner, in the light of the transfer policy occupying the field, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their normal tenure and the possible places where the petitioner can be posted. The petitioner is at liberty to approach this Court again, in case he still feels aggrieved and dissatisfied by the outcome of the representation. Pending application(s), if any, are closed.