Rajesh Sharma vs State Of H.P. & Anr

Vivek Singh Thakur, J

Learned counsel for the petitioner submits that petitioner shall be satisfied in case he is permitted to file representation to the Secretary (Jal Shakti) to the Government of Himachal Pradesh for considering his case for his suitable adjustment/posting, particularly keeping in view his health and period for his retirement, sympathetically, with further direction to the concerned authority to decide the same in a time bound manner.

Learned Additional Advocate General submits that in case such representation is preferred by the petitioner, same shall be considered and decided sympathetically, as expeditiously as possible and in accordance with law, as directed by the Court.

In view of above, petitioner is permitted and directed to submit representation to the Secretary (Jal Shakti) to the Government of Himachal Pradesh on or before 26.05.2023 and in case such representation is preferred by the petitioner, same shall be decided by the concerned authority within a period of one week thereafter, in terms of Transfer Policy and considering the averments of the petitioner sympathetically, by passing a speaking and reasoned order, after affording an opportunity of hearing to petitioner, if so desired, in accordance with law.

Order so passed in representation, shall be intimated to the petitioner.

Interim order stands vacated. However, the petitioner shall not be compelled to join at the next place of posting and he may avail the leave of kind due.

In view of above, petition is disposed of alongwith pending application(s), if any.

Parties are permitted to use downloaded copy of this order from the High Court website and concerned authority shall not insist for certified copy. Passing of order may be verified from High Court website or otherwise.