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Judgment
Sandeep Sharma, J
Since the petitioner has put in more than 9 years’ service in the tribal area of Himachal Pradesh, he has approached this court in the instant
proceedings, for issuance of a direction to the respondents to transfer him to one of the stations of his choice, in terms of Office Memorandum dated
0.7.2013, wherein, it has been categorically provided that an incumbent, who has completed tenure of three years in tribal area, may be transferred to
a station of his choice.
Mr. Narinder Thakur, learned Deputy Advocate General, appearing for respondents Nos. 1 to 4, fairly states that the prayer made in the instant
petition, deserves to be allowed but, in that regard, petitioner may file an appropriate representation to the competent authority, enabling it pass
appropriate orders in the matter.
In view of above, present petition is disposed of with a direction to the petitioner to file a representation to respondent No.2 within a period of one
week from today, requesting therein for his transfer from the HPPWD Division Kaza, Lahul & Spiti to one of stations of his choice. On receipt of
representation, if any, made by the petitioner, in terms of this order, respondent No.2 shall decide the same expeditiously, preferably within a period of
ten days thereafter, strictly in accordance with the Comprehensive Guiding Principles/Office Memorandum dated 10.7.2013, wherein there is a
provision to transfer an employee from a hard/tribal area to a station of his/her choice, after completion of normal tenure of posting in such hard/tribal
area. Needless to say, authority concerned, shall afford opportunity of hearing to the petitioner and shall pass a speaking ordered thereafter. Liberty is
reserved to the petitioner to file appropriate proceedings before appropriate court of law, if he still remains aggrieved.
Petition stands disposed of in the afore terms, alongwith all pending applications.
Copy Dasti.