Kishan Singh vs State Of Himachal Pradesh And Others

Jyotsna Rewal Dua, J

The petitioner, a Trained Graduate Teacher (Arts), questions office order dated 19.06.2021 (Annexure P-1), whereby he has been transferred from

GSSS Gagal Shikore to GMS Kyartoo, under Complex GSSS Devthi Majhgaon, District Sirmour.

Learned counsel for the petitioner submitted that wife of the petitioner is working as Junior Basic Trained Teacher in GPS Gagal Shikore, therefore,

as a couple case, the petitioner should not have been disturbed from Gagal Shikore. Further, it is submitted that mother of the petitioner is 75 years of

age and needs to be looked after. Learned counsel also highlighted the fact that the petitioner was posted on COVID-19 duty in Gram Panchayat

Bajga. Primarily for these reasons, the petitioner assails his transfer to a place allegedly 130 kms. away from his present place of posting.

Learned Additional Advocate General on the basis of instructions supplied by the respondents (which are taken on record), submits that the transfer

was ordered with the prior approval of the competent authority and that the petitioner has completed his normal tenure at GSSS Gagal Shikore, District

Sirmour.

It is seen from the instructions supplied by the respondents that the petitioner stands relieved from GSSS Gagal Shikore, District Sirmour on

26.06.2021. Under these circumstances, this writ petition is disposed of by permitting the petitioner to file a representation to respondent

No.2/competent authority within a period of one week from today. In case such a representation is so filed within the aforesaid period, then the same

shall be considered and decided in accordance with law by the competent authority within two weeks thereafter. Till such time, the petitioner shall not

be compelled to join at the transferred station.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Copy dasti.