Babu Ram vs State Of Himachal Pradesh And Another

 Tarlok Singh Chauhan, J

The instant petition has been filed by the petitioner for the grant of following substantive relief:

(1) That this writ petition may very kindly be allowed and writ in the nature of certiorari may be issued and the petitioner may kindly be adjusted

against vacant post nearby his home town or at any other station which is about 10 to 20 kilometers away from the home town of the petitioner.

It would be noticed that the only ground on which the petitioner is claiming a right to be transferred from his present place of posting is on account

of personal hardship. However, it is more than settled that the Courts are extremely slow to interfere directly in personal hardship cases, the clear

implication of the almost consistent directions given in the cases are that the transferee could make a representation to the competent authority.

Reference in this regard can conveniently be made to a judgment of the Hon’ble Supreme Court in Rajendra Roy vs. Union of India and

another (1993) 1 SCC 148, wherein it was observed as under:

“7….. The appellant has not made any representation about personal hardship to the department. As such, there was no occasion for the

department to consider such representation. This appeal, therefore, fails and is dismissed, but we make no order as to costs. It is, however, made clear

that the appellant will be free to make representation to the concerned department about personal hardship, if any, being suffered by the appellant in

view of the impugned order. It is reasonable expected that if such representation is made, the same should be considered by the department as

expeditiously as practicable.â€​

Consequently, the present writ petition is disposed of with a direction to respondent No.2 to consider the instant case as a representation and decide

the same sympathetically within three weeks from today. Pending application(s), if any, also stands disposed of.

Copy dasti.