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Judgment
19 paragraphs · 337 words Tarlok Singh Chauhan, J
The instant petition has been filed by the petitioner for the grant of following substantive reliefs:
i) That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and the respondent department may kindly be
directed to decide the representation of the petitioner in a time bound manner.
ii) That respondent No.2 may kindly be directed to decide the representation of the petitioner in a time bound manner and post him at one of the station
of his choice in district Bilaspur.
It would be noticed that the relief claimed in the instant petition are based upon the individual hardship of the petitioner. 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 four weeks from today. Pending application(s), if any, also stands disposed of.
Copy dasti.