Baldev Singh vs State Of H.P & Ors

Jyotsna Rewal Dua, J

Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents/State.

The case of the petitioner is that he was appointed as Lecturer History (PAT) in the year 2007 at GSSS Tatiana, Tehsil Kamrou, District Sirmour, H.P. The place is stated to be a sub-cadre area. The services of the petitioner were regularized in the month of August, 2020 and he has continued to serve at the same place of posting.

The grievance of the petitioner is that he has been serving for the last about sixteen years at the same place i.e. GSSS Tatiana, Tehsil Kamrou, District Sirmour, H.P, which is a sub-cadre area. The respondents have not decided petitioner’s representation seeking transfer from this place. It is further submitted that the petitioner has to travel 06 KM, on foot to reach his present place of posting.

In view of the above submissions, prayer has been made by the petitioner for grant of following substantive reliefs:-

i) That the respondents may kindly be directed to decide the representation i.e. Annexure P-4 within time bound manner.

ii) That the respondents may kindly be directed to adjust the petitioner at GSSS Pipliwala (Paonta Sahib) where the post of lecturer history is going to fall vacant due to retirement of Kavita Sharma on 30.9.2023 and the petitioner can be suitably adjusted at this station or any other station nearby Paonta Sahib.

During hearing of the case, learned counsel for the petitioner submitted that the petitioner be permitted to file a fresh representation seeking his transfer from GSSS Tatiana, Tehsil Kamrou, District Sirmour, within a week, whereafter respondent No.2/competent authority be directed to decide the same in a time bound schedule.

Taking into consideration the case projected by the petitioner and the submissions made by learned counsel for the petitioner, this writ petition is disposed of by permitting the petitioner to make a representation to respondent No.2/competent authority within a week. In case, such representation is made, the same shall be considered and decided by respondent No.2/competent authority in accordance with law and applicable policy within a period of two weeks thereafter. Copy of the order be also communicated to the petitioner.

All pending miscellaneous application(s), if any, also to stand disposed of.