Harish Kumar vs State Of Himachal Pradesh And Another

Sandeep Sharma, J

By way of instant petition, petitioner, who is a contract employee, has prayed for issuing a direction to the respondents to consider his prayer to transfer him from Government Primary School Bandal, Education Block Dadahu to Government Primary School Mehat, against vacant post of Junior Basic Trained Teacher, on account of fact that his wife is not well.

Needless to say, posting and transfer is specific domain and prerogative of the employer, as such, no direction in this regard can be issued by the court. However, having taken note of the fact that the petitioner has already made representation to the Hon'ble Chief Minister, Himachal Pradesh, for his transfer on account of fact that his wife is not well, this court deems it fit to dispose of the present petition, reserving liberty to petitioner to file a fresh representation to the competent authority, praying therein for his transfer, on the ground as detailed herein above, which shall be decided by the competent authority expeditiously, preferably within a period of two weeks, strictly in terms of Comprehensive Guiding Principles, wherein admittedly provision has been made to accommodate couples at adjacent/nearby places as well as on medical grounds. Needless to say, authority concerned, while doing needful shall afford opportunity of hearing to the petitioner and pass a speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceedings, before appropriate court of law, if he still remains aggrieved.

Petition stands disposed of in the afore terms, alongwith all pending applications.