Ram Pal vs State Of HP & Another

Sushil Kukreja, J

The petitioner has filed the present petition under Article 226 of the Constitution of India, seeking following substantive relief:-

“(ii) That any appropriate writ/order or direction may kindly be issued and the respondents may kindly be directed to consider and decide the representation Annexure P-1 in time bound manner preferably within two weeks and transfer the petitioner from present place of posting i.e. Government Senior Secondary School Kaffota, District Sirmour, Himachal Pradesh to against vacant post of TGT (NM) at GSSS Chachian, and the posts which are going to vacant on promotion at (i) GHS Thandol (ii) GMS Kural (iii) GSSS Ranjhoo(iv) GMS Badohal U/C GSSS Pahru (v) GSSS Dhupkiara at District Kangra, or any of the vacant station, nearby her native place.”

The case of the petitioner is that he had joined the respondents-Department as Trained Graduate Teacher (Non-Medical) on 14.03.2019 at GSSS Kaffota, District Sirmour and thereafter his services were regularized on 31.01.2022 and he remained posted at the same place. Since he has completed the normal tenure of three years at the present place, he has moved a representation dated 19.10.2022 (Annexure P-1) to respondent No.2, seeking his transfer on the ground that he is a patient of depression and is under treatment from Dr. RPMCH, Tanda, District Kangra and his parents are in old age, suffering from various age related ailments and there is no one to take care of them.

At this stage, learned counsel for the petitioner submits that petitioner would be satisfied in case he is permitted to file a fresh representation, within three days and the respondents are directed to consider and decide the same in a time bound manner, in terms of the Transfer Policy of the State.

Learned Additional Advocate General submits that in case a fresh representation is preferred by the petitioner, the same shall be decided by the said authority, in accordance with law.

Therefore, without adverting to the merits of the case, the present petition is disposed of with a direction that in case the petitioner moves a fresh detailed representation to respondent No.2 within three days from today, then respondent No.2 shall consider and decide the same, within two weeks from the receipt of such representation, by passing an appropriate speaking and reasoned order in accordance with Rules, Policy and law as applicable.

Needless to say that order shall be passed after giving the personal hearing to petitioner, if desired so.

Petition stands disposed of, alongwith the pending miscellaneous application(s), if any.