Rajnish Thakur vs State Of Himachal Pradesh And Others

 Tarlok Singh Chauhan, J

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

(1) A writ of mandamus may kindly be issued by directing the respondent authorities to transfer/adjust the present petitioner against the anticipated

vacancy which is going to be created /vacated on superannuation of incumbent named Lal Singh (JBT) at Government Primary School, Basehar,

Education Block, DrangÂI, District Mandi, H.P. on 31st May, 2021, for the reason that the petitioner has already completed more than 14 years at the

present place of posting and is working at a distance of 40 kilometers from his permanent residence and except him, there is no other male member in

his family to lookÂafter his old aged parents and moreover his wife has presently been adjusted at Government Primary School, Ghoran (ChauntraÂ‐

I), on the basis of Court case and hence he is having every legitimate and enforceable right for adjustment in Education Block, ChauntraÂI in

accordance with couple as per guiding principles/Transfer Policy, 2013, in the interest of justice.

It would be noticed that the only ground on which the petitioner is claiming a right to be transferred from his present place of posting is on account

of personal hardship. However, 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€​

Since the wife of the petitioner is also working in Govt. Primary School, Ghoran (ChauntraÂ​I), therefore, in terms of transfer policy, an effort has to

be made to post the couple at the same place of posting as far as possible. This also is a matter which is required to be considered by the respondents.

Consequently, the present writ petition is disposed of with a direction to the respondents to consider the instant petition itself as a representation and

decide the same sympathetically within three weeks from today.

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

Copy dasti.