Rajender Kumar vs State Of Himachal Pradesh And Others

Sabina, J

The petitioner has filed the instant petition under Article 226 of the Constitution of India, seeking the following reliefs:-

“i) that the respondents may kindly be directed to transfer the petitioner from the present place of posting to Govt. Primary School Tharu Chanjra, Chauntra-I, Mandi, HP where the post of JBT is lying vacant, within time bound period.

ii) that the respondents may further be directed to consider and decide the representation of the present petitioner dated 1.2.2022 contained in Annexure P-3, within time bound manner.

iii) that the entire record of the case may kindly be summoned for the kind perusal of this Hon'ble Court.”

Learned counsel for the petitioner has submitted that the the petitioner has served in a sub-cadre area for the requisite period and is now entitled to be transferred to a soft area in terms of the transfer policy dated 10.07.2013. Representation, Annexure P-3, submitted by the petitioner in this regard has not been considered by the respondents so far.

Learned Additional Advocate General has submitted that the representation submitted by the petitioner is not in terms of Clause 16 of the Transfer Policy dated 10.07.2013.

Accordingly, keeping in view the facts and circumstances of the case, this writ petition is disposed of with a direction that in case the petitioner submits a fresh representation to respondent No.2 within one week from today, the same be decided by respondent No.2, in accordance with law, within two weeks from the date of receipt of the copy of the representation.

Pending application(s), if any, shall also stand disposed of.