CourtKutchehry.com
High CourtsSingle Bench

Man Singh vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 14 January 2022 · Citation: (2022) 01 SHI CK 0045

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 429 Of 2022
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

17 paragraphs · 319 words

Sandeep Sharma, J

1.

Being aggrieved and dissatisfied with issuance of impugned transfer order dated 13.1.2022, Annexure P-1, whereby petitioner, who is a DPE, has

been transferred from Hard area i.e. Thaltukhod, Mandi to Sarni (Mandi), which is also a hard area, he has approached this court in the present

proceedings, praying therein for the following reliefs:

“That a writ of mandamus may very kindly issued and the impugned transfer order dated 13.01.2022 Annexure P/1 may kindly be quashed and set

aside. And the respondents may kindly be directed to allow the petitioner to work at GSSS thaltukhod.â€​

2.

Precise grouse of the petitioner is that since he has served in hard area for a considerable time, respondents ought to have transferred him to a soft

area, that too, at one of stations of his choice, as per Comprehensive Guiding Principles/transfer policy of the State of Himachal Pradesh.

3.

Learned Additional Advocate General states that the aforesaid prayer shall be considered and decided by competent authority if the petitioner

represents to the competent authority in this regard.

 4. Consequently, in view of the aboev, present petition is disposed of reserving liberty to the petitioner to file a representation within ten days to

respondent No. 2, Director Higher Education, requesting therein to adjust him at a station of his choice. On receipt of such representation, in terms of

this order, respondent No.2 shall decide the same expeditiously, preferably within a period of four weeks, after affording opportunity of hearing to the

petitioner. Needless to say, representation shall be disposed of by way of a speaking order. Liberty is reserved to the petitioner to file appropriate

proceedings in appropriate court of law, if he still remains aggrieved. Till the time, representation of the petitioner is decided, impugned transfer order

dated 13..1.2022 shall remain stayed qua the petitioner.

5.

Petition stands disposed of in the afore terms alongwith all pending applications.