Ishan Marvel vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

The present petition has been filed with the following substantive reliefs:

"i) That the respondents may kindly be directed to decide the representation of the petitioner i.e. Annexure P­2 within time bound manner.

ii) That the respondent may kindly be directed to transfer the present petitioner from Government College Bharmour, District Chamba to one of his choice station against vacant post or longer stay i.e. (1) Government College Kullu, (2) Government College Haripur Manali, District Kullu respectively, on completion of normal tenure as per the transfer policy in the interest of justice and fair play.

iii) That the respondents may kindly be directed to impose the condition of reliever."

Admittedly, the petitioner is serving in tribal area/hard area of Bharmour ever since his initial appointment and now he has completed his normal tenure. Therefore, petitioner is entitled to be posted outside the tribal area/hard area.

Noticeably, even though, the petitioner has made a representation for his transfer but only two stations of his choice have been mentioned as against five stations, as required under the Comprehensive Guiding Principles­2013 for regulating the transfers of the State Government Employees.

In the given facts and circumstances of the case, we dispose of the petition by permitting the petitioner to make a representation to the respondents/competent authority, clearly mentioning five stations of his choice and one of such stations would be outside of his own District. In case such representation is made within two weeks from today by the petitioner, then respondents/ competent authority shall consider and decide the same by passing a speaking order, within three weeks thereafter.

The writ petition is disposed of in the aforesaid terms. (Pending application(s) if any, also stands disposed of.

For compliance to come up on 21.12.2021.