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Arvind Kumar vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 7 March 2022 · Citation: (2022) 03 SHI CK 0016

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Chander Bhusan Barowalia, J
CASE NUMBER
Civil Writ Petition No. 1249 Of 2022
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Judgment

16 paragraphs · 360 words

Tarlok Singh Chauhan, J

1.

Notice. Mr. Shiv Pal Manhans, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2.

The instant petition has been filed for grant of the following reliefs:-

“a. Issue a writ in nature of mandamus directing the respondent to transfer the petitioner from present place of posting which is a difficult/tribal area to place of his choice in District Una in terms of the Judgment of this Hon’ble Court dated 23.10.2018 in CWP No. 2114 of 2018 and judgment dated 24.12.2020 in CWP No. 5801 of 2020;

b. Issue a writ in nature of mandamus that respondents are further directed to transfer and relieve the petitioner from present place of posting i.e. GSSS kaobil, 15/20 Area of Tehsil Rampur Bushar District Shimla, H.P. forthwith in relaxation to the condition of joining of the substitute in place of the petitioner.”

3.

It is not in dispute that the petitioner was appointed and posted in the difficult and hard area of 15/20 in Tehsil Rampur, District Shimla and having completed his normal tenure at the said station is entitled to be transferred to one of the soft stations of his choice. The petitioner has opted for the following stations:-

“a) GMSSS Mubarkpur District Una H.P.[post of TGT (Non Medical) falling vacant on superannuation of TGT (Non Medical) on 31.03.2022]

b) GMS Shivpur U/c GMSSS Mubarkpur District Una, H.P. (incumbent working there has completed normal tenure of posting)

c)GMS Deoli Bari District Una, H.P. ; (incumbent working there has completed normal tenure of posting)

d) GHS Sanghnai District Una H.P.; (incumbent working there has completed normal tenure of posting)

e) GHS Mawa Kaholan District Una H.P.

f) GHS Bangarh District Una, H.P.

g) GMS Sawana District Bilaspur, H.P.”

4.

Accordingly, the present petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner and thereafter issue consequential orders of transfer of the petitioner to one of the aforesaid stations within a period of three weeks from today.

5.

Pending application, if any, also stands disposed of.

6.

For compliance, to come up on 04.04.2022.