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Judgment
7 paragraphs · 362 wordsRanjan Sharma, J
Notice. Mr. Rohit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents No.1 to 3.
Case of the petitioner is that he is working as Principal in the remote-rural area i.e. in Government Senior Secondary School Kungal-Balti, Tehsil Nankhari, District Shimla, (H.P.), w.ef. 08.10.2020, and has completed almost three years stay at the present station. He submits that after having completed three years of stay in remote/rural area, he is entitled to be considered for posting at one of the station of choice, in terms of the Transfer Policy-Guidelines. He submits that he has made a representation to Principal Secretary (Education) to the Government of Himachal Pradesh on 06.10.2023, Annexure P-1, (Colly) indicating three stations of choice.
Mr. Rohit Sharma, learned State Counsel submits that the representation so made, is not in conformity with Clause 16.1 of the Transfer Guidelines, whereby, an employee, who intends to seek transfer from tribal/hard/remote/rural area to a station of choice i.e. in a soft area, is required to give five stations of choice and that too in more than one district.
Faced with this situation, the learned counsel for the petitioner submits that he may be permitted to make fresh representation, in terms of Clause 16.1 of the Transfer Guidelines, indicating five stations of choice, in more than one district. This prayer appears to be genuine, as the petitioner has a right to be considered for being posted at one of the station of choice so as to avoid the charge of discrimination and to ensure uniformity in implementation of the transfer guidelines/policy to all concerned.
In this background, this Court permits the petitioner to make a fresh representation in conformity with Clause 16.1 of the Policy-Guidelines to the Respondent No.1-Principal Secretary (Education), within a week from today, who shall examine the same and to pass appropriate orders, strictly in conformity with the mandate of Clause 12 and Clause 16 of the Transfer Policy/Guidelines within two weeks, thereafter; and that too after affording a personal hearing of the petitioner.
Petition stands disposed of so also the pending miscellaneous application(s), if any.