Bhavnesh Kumar vs State Of Himachal Pradesh And Others

Anoop Chitkara, J

The petitioner, who is a Central Head Teacher and posted (on placement basis) as a Block Elementary Education Officer, Bharmour, District

Chamba, H.P., has come up before this Court seeking his transfer from a tribal area to the station 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. In this regard the petitioner has filed

representation, which is still pending before the authorities concerned.

Ms Ritta Goswami, learned Additional Advocate General, submits that the petitioner has not completed his normal tenure i.e. two winters and three

summers.

Learned counsel for the petitioner submits that the petitioner is 57 years of age and as per the Transfer Policy, no person above the age of 55 years

should be posted in a hard/difficult area.

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

Consequently, this petition is disposed of with liberty to the petitioner to make a fresh representation to the respondent/ authorities concerned

mentioning all his grievances, within one week from today, in accordance with the Transfer Policy. On receipt of such representation, the respondent/

authorities shall consider the representation of the petitioner, in the light of the Transfer Policy occupying the field, and pass appropriate orders, within

one week.

Pending application(s), if any, are closed.

Copy Dasti.