Ramesh Kumar vs State Of Himachal Pradesh And Others

Vivek Singh Thakur, J

Notice. Ms.Ritta Goswami, Additional Advocate General waives service and accepts notice on behalf of respondents.

Petitioner, serving as JBT in Education Department of Himachal Pradesh is posted in Government Primary School Kuhant, Cluster Daya, Education Block Shillai, District Sirmour, H.P., which is hard area according to the petitioner and petitioner is serving there since last 8 years. Petitioner has represented on 17.12.2021 to Director Elementary Education, for his transfer in terms of Transfer Policy, which is pending consideration with the respondents.

Learned counsel for the petitioner has submitted that he has instructions to submit that petitioner would be contended in case respondents are directed to decide representation of the petitioner in a time bound manner.

In view of order proposed to be passed herein after, no reply of the respondents is necessary. However, learned Additional Advocate General has pointed out that in representation dated 17.12.2021 only two stations of choice have been mentioned by the petitioner, whereas as per Transfer Policy five stations of choice are required to be indicated in the representation.

In response, learned counsel for the petitioner submits that petitioner may be permitted to file fresh representation on or before 25.2.2022 with direction to the respondents to decide the same in time bound manner.

Considering the facts and circumstances of the case and submissions made by learned counsel for the petitioner, present petition is disposed of with liberty to the petitioner to file fresh representation on or before 25.2.2022, and in case such representation is filed by the petitioner, respondents No. 2 and 3 are directed to consider and decide the same on or before 31st March, 2022, by passing a speaking and reasoned order, after giving opportunity of hearing to the petitioner, if desired so. Till the decision is taken on representation of the petitioner, a vacant post, if any, in the given stations of choice shall not be filled. Needless to say that in case adverse order is passed against the petitioner, he is at liberty to avail appropriate remedy for redressal of her grievances.

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

The petitioner is permitted to use downloaded copy of this order from High Court Website and concerned authority shall not insist for certified copy, rather it shall verify about passing of order from High Court Website or otherwise.