Rajesh Kumar vs State Of H.P

Tarlok Singh Chauhan, J

The instant petition has been filed for the grant of following substantive relief:

I) That in view of his medical problem, the petitioner may kindly be held entitled for regular posting in GSSS Sanjauli, District Shimla, instead of

temporary deputation for three months only as has been done in the instant case, in the interest of justice.

A bare perusal of the writ petition would go to show that the entire basis on which the instant petition has been founded is the individual hardship to

the petitioner. It is more than settled that the Courts are extremely slow to interfere directly in personal hardship cases, the clear implication of the

almost consistent directions given in the cases, are that the transferee could make a representation to the competent authority.

Reference in this regard can conveniently be made to a judgment of the Hon’ble Supreme Court in Rajendra Roy vs. Union of India and

another (1993) 1 SCC 148, wherein it was observed as under:

“7..... The appellant has not made any representation about personal hardship to the department. As such, there was no occasion for the

department to consider such representation. This appeal, therefore, fails and is dismissed, but we make no order as to costs. It is, however, made clear

that the appellant will be free to make representation to the concerned department about personal hardship, if any, being suffered by the appellant in

view of the impugned order. It is reasonable expected that if such representation is made, the same should be considered by the department as

expeditiously as practicable.â€​

Accordingly, the present writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for regular posting in

GSSS Sanjauli, District Shimla in accordance with law within a period of four weeks from today. Pending application(s), if any, also stands disposed

of.