Ganesh Kumar vs State Of Himachal Pradesh And Others

Sandeep Sharma , J

Present petition has been filed with the following main reliefs:

That a writ in the nature of certiorari may kindly be issued for quashing the impugned order dated 05.01.2022 (Annexure P-2) and order dated

06.01.2022 & 07.01.2022 (Annexure P-3 colly.) qua the petitioner and respondent No. 3, in the interest of law and justice.

b) That the respondent No.2 may be directed to post the respondent No.3 against vacant posts either in tribal/hard or sub cadre area, a he is only 46

years of age and has worked for 17 years within 10 KM from his home/residence, ward no.2, chowari and on promotion 06.09.2021, he was given

GSSS Makri (Bilaspur) soft station about 250 KM., which he got modified at GSSS Gangath (50 KM) and agin with DO note no. 355848 dated

23.12.2021 has come at GSSS Raipur, just 12 KM from his home, ward No.2 (chowari), within 04 months time of his promotion ats DPE, in the

interest of law and justice.

c) That the respondent no. 2 may be directed to give posting to the employees /promotes in accordance with law and provisions of the transfer policy,

so framed by the govt. of H.P. for its employees and action of respondents may be declared illegal arbitrary and unconstitutional in the case of the

respondent no.3 (as contained in Annexure P-1 dated 06.09.2021 and P-2 dated 05.01.2022), in the interest of law and justice.

d) That the respondent No. 2 may further be directed to protect their employees, who are performing their duties diligently, without any complaint, in

the interest of law and justice.â€​

Having taken note of the fact that the petitioner has completed his normal tenure of posting at Government Senior Secondary School, Raipur,

Chamba, this court sees no reason to interfere with impugned transfer order, dated 5.1.2022 Annexure P-2, whereby petitioner has been ordered to be

transferred from Government Senior Secondary School, Raipur, Chamba to Government Senior Secondary School, Gangath, Kangra, however, having

taken note of the fact that there is none in the family of the petitioner to look after his old aged parents, this court deems it fit to dispose of the present

petition with the liberty to the petitioner to file representation to the Director Higher Education, Himachal Pradesh, requesting therein either to cancel

his transfer or adjust him in tribal area of Bharmour, so as to enable him to take care of his old aged parents, within ten days. On receipt of such

representation, appropriate authority shall consider and decide the same expeditiously, preferably within a period of two weeks, after affording

opportunity of hearing to the petitioner and by way of a speaking order. Needless to say,, petitioner shall furnish at least five stations of his choice,

enabling the competent Authority to decide his case sympathetically.

Till the time, representation, if filed within ten days from the date of this order, is decided,, petitioner shall not be compelled to join at the transferred

place.

The petition stands disposed of in the afore terms, alongwith pending applications, if any.

Copy Dasti.