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Judgment
7 paragraphs · 371 words,
Mohammad Rafiq, CJ
This petition has been filed by the petitioner, who was appointed as Peon with the respondents on 24.04.2006 and was posted at Government Middle School, Luhani. Thereafter, the petitioner was transferred to Government Middle School, Sagooti on 26.11.2006 and then to Government Middle School, Thaloga on 26.09.2009. It is submitted that the petitioner was transferred to Government High School, Kilor on 05.02.2015. Respondent No.4 was transferred only six months back to Government Senior Secondary School Samleu. However, he managed the DO note from the political representative and got himself transferred against the petitioner and the petitioner was transferred in his place. It is further submitted that this transfer is against the transfer policy and the law laid down by this Court in CWP No.5351 of 2012, titled Amir Chand vs. State of Himachal Pradesh & others, CWP No.1551 of 2017, titled Prem Thakur vs. State of H.P. and others, which was further upheld by the Hon'ble Supreme Court in SLP (C) No.21772 of 2014, titled State of H.P. & others vs. Tara Devi and another.
This Court while issuing notice of the writ petition on 29.02.2020, directed the respondents to maintain status quo qua transfer and posting of the petitioner, but the learned counsel for the petitioner submits that the status quo order did not, in any way, help the petitioner because respondent No.4 had already joined and the petitioner was relieved. Therefore, under compulsion the petitioner had to join the transferred place.
Having regard to the limited nature of submissions made and considering the law laid down by this Court in Amir Chand and Prem Thakur cases (supra), which was further upheld by the Hon'ble Supreme Court in SLP (C) No.21772 of 2014, we dispose of the writ petition by granting liberty to the petitioner to make a comprehensive representation to respondent No.2, Director Higher Education, Himachal Pradesh, Shimla within a period of one week from today. In case such representation is made, respondent No.2 shall consider and decide the same, in conformity with the transfer policy, by a speaking order within a period of 30 days thereafter.
Accordingly, the writ petition is disposed of alongwith pending application(s), if any.
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