Gopal Chand vs State Of Himachal Pradesh And Others

Anoop Chitkara, J

The petitioner, who was working as DPE (School Cadre) in Government Senior Secondary School, Irra, District Shimla, HP, has been transferred to Government Senior Secondary School Dhabas, District Shimla, HP against private respondent No.3, has come up before this Court, seeking a direction of this Court that he be given opportunity of being heard while deciding representation of respondent No.3, in pursuance to the order of this Court dated 19.04.2021, Annexure P-2, by the concerned authority.

Notice. Ms. Ritta Goswami, Additional Advocate General, appears and waives service of notice on behalf of respondents No1 and 2.

The nature of order, we propose to pass in the present petition, requires no response.

The petitioner is aggrieved by an order passed by this Court dated 19.04.2021 in CWP No.2444 of 2021, titled Yashpal Versus State of HP and others, wherein this Court had permitted the petitioner, Yashpal, therein, to file a representation under Clause 5.4 of the Transfer Policy within two weeks and the concerned authority was directed to decide the same within a week thereafter.

The present petitioner, Gopal Chand, who has been affected by such a stay order, has come up before this Court on the grounds that the previous petitioner, Yashpal, in CWP No.2444 of 2021, has longer stay and it has jeopardized his interest and rights.

Learned Additional Advocate General submits that this matter can be closed by permitting the petitioner, Gopal Chand, also to appear before the concerned authority and to raise his points of grievances by filing representation and the concerned authority shall decide both the representations simultaneously.

We find this submission of the learned Additional Advocate General genuine and close the present petition by permitting the present petitioner to file a representation before the concerned authority, at the earliest and not later than four days from today and the concerned authority is directed to decide both the representations simultaneously within a week thereafter. Till decision of the representations, the petitioner, Gopal Chand, shall not be compelled to join at the previous place of posting.

Pending miscellaneous application(s), if any, also stand disposed of.

Copy dasti.