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High CourtsDivision Bench(2021) 03 SHI CK 0054

Lekh Raj vs Himachal Pradesh Transport Corporation And Another

High Court Of Himachal Pradesh · Decided on 5 March 2021

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1359 Of 2021
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Judgment

15 paragraphs · 318 words

L. Narayana Swamy, CJ

1.

The petitioner, who is working as a Yard Master at HRTC Depot Kelong, District Kinnaur, H.P., has come up before this Court seeking his

transfer from Hard/difficult area to one of the stations of his choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, issued by the

State Government, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and

three summers. In this regard, the petitioner has already made a representation, Annexure P-2, which is still pending before the concerned authority.

2.

Notice. Mr. Vikas Rajpur, learned counsel appears and accepts service of notice on behalf of the respondents.

3.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

4.

Consequently, this petition is disposed of with liberty to the petitioner to make fresh representation to the respondent/ authorities concerned giving

five stations of his choice, which must be spread in more than one district, within one week from today, in the light of clause 16.1 read with clause

16.5 of the transfer policy. On receipt of such representation, the respondent/authorities shall decide the representation of the petitioner, in the light of

the transfer policy occupying the field, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall

consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have

completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the

office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their

normal tenure and the possible places where the petitioner can be posted. Pending application(s), if any, are closed.