Etesh Kumar vs State Of H.P. & Others

Jiya Lal Bhardwaj, J

Notice. Mr. P.K. Nadda, learned Additional Advocate General, waives and accepts notice on behalf of the respondents.

Keeping in view the controversy involved in the present case, no reply is required to be called from the respondents.

As per averments made in the petition, the petitioner was appointed as JBT on regular basis on 01.01.2005 and thereafter, was promoted as Head Teacher on 19.12.2024. Vide office order dated 26.11.2025, on the recommendation of the Departmental Promotion Committee, the petitioner was promoted to the post of Central Head Teacher in Level-10 and has been posted in GCPS, Khaneol Bagra, Education Block, Karsog-I, District Mandi, H.P, which according to the petitioner is a hard area. The petitioner has placed on record disability certificate (Annexure P-2), from which, it is evident that disability of the petitioner is to the extent of 50% locomotor.

The petitioner has made representation (Annexure P-4) to the Competent Authority to adjust/transfer him on compassionate grounds under the Rights of Persons with Disabilities Act, 2016. Since the petitioner has suffered disability to the extent of 50% and has already made representation, competent authority is directed to decide the representation made by the petitioner after taking into account the observations made by this Court in CWP No.6306 of 2024 titled Savita Gupta versus State of H.P and others.

Let representation (Annexure P-4) be decided by respondent No.2 within two weeks from today in the light of observations made in the judgment referred above. Petition is according disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.