High CourtsSingle Bench

Lakshmi Chand vs State Of HP & Others

High Court Of Himachal Pradesh · Decided on 19 February 2021 · Citation: (2021) 02 SHI CK 0230

HON’BLE JUDGES
Vivek Singh Thakur, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 905 Of 2021
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Judgment

22 paragraphs · 348 words

Vivek Singh Thakur, J

CMP No. 1559 of 2021

Allowed and disposed of.

CWP No. 905 of 2021

1.

Notice. Mr. Dinesh Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks

time to file reply.

2.

Being aggrieved by transfer order dated 16.2.2021, petitioner has approached this Court on the ground that despite serving in tribal area for a

considerable long time, he has been transferred to a difficult/hard area, whereas, as per transfer policy, he was entitled for posting in soft

area/station(s) of his choice.

3.

At this stage, learned counsel for petitioner submits that petitioner would be contended in case he is permitted to make representation to respondent

No.2, Director of Elementary Education, with direction to said respondent to decide the same in a time bound manner.

4.

In view of order proposed to be passed, no reply or instructions are necessary to be called for from the respondents.

5.

In view of above, present petition is disposed of with permission to petitioner to make a detailed representation by mentioning the station(s) of his

choice, on or before 1st March, 2021 to respondent No.2 and in case, such representation is preferred, the same shall be decided by the Director of

Elementary Education, respondent No.2, on or before 5th April, 2021 by passing an appropriate speaking and reasoned order in accordance with

Rules, Policy and law as applicable.

6.

The impugned order dated 16th February, 2021 qua petitioner Laxmi Chand shall be kept in abeyance till final decision. In case no representation is

made by petitioner, the impugned order shall come into force.

7 .Needless to say that order shall be passed after giving the personal hearing to petitioner, if desired so.

8.

Petition stands disposed of accordingly including any pending application(s).

9.

Petitioner may produce the downloaded copy of the order passed by the Court before the Authorities concerned if required and the concerned

Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.