Sanjay Kumar vs State Of H.P. & Another

Sushil Kukreja, J

The present petition has been filed by the petitioner under Article 226 of the Constitution of India, praying therein for following substantive relief:-

“That the respondent-department may kindly be directed to decide the representation of the petitioner in a time bound manner and post him at GSSS Nihar Khandwasla, GSSS Swahan and GSSS Baddu Barog, keeping in view the adverse family circumstances of the petitioner.”

The case of the petitioner is that he joined the respondent-department as TGT(A) on 15.01.2004 and thereafter served at various places. On 09.05.2022, the petitioner was posted at Government High School Badhyat, District Bilaspur and vide office order dated 18.05.2023 (Annexure P-1), he was promoted as Lecturer (Political Science) and was ordered to be posted at Government Senior Secondary School, Pujarli-3, District Shimla.

On 20.05.2023, petitioner filed a detailed representation (Annexure P-2) to the Hon’ble Education Minister, requesting therein that he may be adjusted against vacant post in District Bilaspur, as three posts are lying vacant there and had also sought extension of time for joining at the new place of posting due to adverse family circumstances vide communication dated 29. 05.2023 (Annexure P-3), as his son is 100% hearing impaired and is still under treatment and in case, he is compelled to join at new place of posting, it would be very difficult for him to take care of his 9 years disabled son.

Mr. Arsh Rattan, learned Deputy Advocate General, accepts notice on behalf of the respondents.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case the respondents are directed to decide his representation (Annexure P-2) in a time bound manner.

Accordingly, the present petition is disposed of with a direction to respondent No.2 to decide the representation of the petitioner, as expeditiously as possible, preferably within a period of one week from today, strictly in accordance with law.

Needless to say that order on representation shall be passed after giving the personal hearing to the petitioner, if so desired. Till then out of three posts, lying vacant in District Bilaspur, as mentioned in the representation (Annexure P-2), one post shall be kept vacant. Further the petitioner shall not be compelled to join at the new place of posting till the decision taken on the representation.

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