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Judgment
16 paragraphs · 294 wordsTarlok Singh Chauhan, J
The instant petition has been filed for the grant of following substantive relief:
I) A writ of mandamus may kindly be issued by directing the respondent authorities to transfer/adjust the present petitioner against the anticipated
vacancies that are going to be created on superannuation of various incumbents and even the petitioner is going to be superannuated in November,
2022 and is left with only 18 months of service tenure, and moreover the wife of the petitioner is serving as a Matron at Dr. Radha Krishan
Government Medical College, Hamirpur, and hence he is having every legitimate and enforceable right for adjustment in accordance with couple
policy alongwith having a right to be transferred to his choice of station as he is left with less than two years to be superannuated as per guiding
principles/Transfer Policy, 2013, in the interest of justice.
A bare perusal of the petition would go to show that the main emphasis of the petitioner in seeking the relief as aforesaid is based on disability,
which he has suffered to the extent of 30%, coupled with the fact that his wife is also working and, thus, being a couple case, is entitled to the relief as
claimed.
The matter of transfers and postings is sole prerogative of the official respondent and unless and until a specific request is made to the employer,
the Courts are normally loath to interfere with such matters.
Therefore, in the given facts and circumstances of the case, we dispose of the petition by directing the respondents to consider the case of the
petitioner in accordance with law, more particularly the transfer policy, within a period of four weeks from today. Pending application(s), if any, also
stands disposed of.