Rakesh Kumar vs State Of Himachal Pradesh And Others

Vivek Singh Thakur, J

CMP No.1420 of 2021

Allowed and disposed of.

CWP No.779 of 2021

Notice. Mr. Yudhvir Singh Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents and

seeks time to file reply.

Learned counsel for the petitioner submits that the petitioner is a physically disabled person and suffering from 75% permanent hearing disability

and, as per transfer policy, handicapped employees have been provided concession for posting at a convenient station who are suffering from more

than 60% disability. According to him, petitioner has been transferred to a distant place, situated at 65 kms. from the present place of posting and no

one has been posted against the post occupied by him and lastly, he has submitted that petitioner would be satisfied in case the concerned authority is

directed to consider his case in the light of transfer policy for his suitable adjustment.

In view of the order proposed to be passed hereinafter, reply or instructions on behalf of the respondents are not necessary to be called for.

As prayed by the petitioner, he is granted liberty to represent his grievances before the competent authority, i.e. respondent No.2, the Engineer-in-

Chief, HPPWD, Shimla, on or before 25.02.2021 and in case of filing such representation, the same shall be considered and decided by respondent

No.2, after giving an opportunity of personal hearing, if so desired, on or before 10.03.2021, by passing a speaking and reasoned order.

In the meanwhile, in case the petitioner has not already been relieved, the impugned transfer order dated 29.01.2021 (Annexure P-1), shall be kept

in abeyance till decision of the representation, if so preferred.

The petition stands disposed of accordingly, so also the pending application(s), if any.

Copy dasti.