Kishori Lal vs State Of Himachal Pradesh & Ors

Ranjan Sharma, J

Notice. Mr. Rohit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.

The petitioner, working as Senior Assistant, has filed the instant writ petition with the following prayer(s):-

“i) Issue a writ of certiorari to quash Annexure P-1 qua the petitioner.

ii) Issue a writ of mandamus directing the Respondent authorities to allow the petitioner to continue at GSSS Bagdhar District Chamba till the completion of his normal tenure as per the Transfer Policy in the interest of justice.”

In the background of the reliefs prayed for above, the petitioner has assailed the order(s) dated 08.02.2024, Annexure P-1, transferring the petitioner as Senior Assistant from GSSS Bagdhar, District Chamba, Himachal Pradesh to NCC Office, Dalhousie, in District Chamba, against vacancy.

The petitioner has assailed the transfer order dated 08.02.2024, Annexure P-1, on the ground; (i) that the petitioner has completed only two years and three months at the present station i.e. GSSS Bagdhar and premature transfer is not in spirit of Clause 10 of the Transfer Policy; (ii) transfer of petitioner from establishment of Senior Assistant in School under respondent No.2 to establishment of NCC Office Dalhousie, under the NCC Authorities, without seeking his consent, is not in consonance with law and; (iii) that the petitioner has certain hardships, therefore, the transfer has adversely affected the petitioner and his family.

Per contra, Mr. Ramakant Sharma, learned State Counsel submits that the transfer has been made just to fill-up a vacancy. Even if that being so, still, the existing norms in the transfer policy and the transfer of the petitioner outside the cadre, cannot be made without the consent, as contented by the petitioner.

In these circumstances, Mr. Virender Kumar Sharma, learned counsel for the petitioner prays for and is granted a week’s time to make a detailed representation to the Respondent No.2-Director of Higher Education, Himachal Pradesh; with further directions to the aforesaid respondent to consider/examine the representation and to pass appropriate orders in the matter within two weeks thereafter.

Till the decision of the representation, the impugned order dated 08.02.2024, Annexure P-1, transferring the petitioner from GSSS Bagdhar, District Chamba, Himachal Pradesh to NCC Office, Dalhousie, in District Chamba, shall remain stayed. Respondents are directed to permit the petitioner to continue as Senior Assistant at GSSS Bagdhar.

Needless to say that, this Court has not adverted to the rival contentions and merits of the matter and all questions of facts and law are left open.

In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.