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Judgment
21 paragraphs · 362 wordsVivek Singh Thakur, J
CMP No. 1557 of 2021
Allowed and disposed of.
CWP No. 904 of 2021
Notice. Mr. Dinesh Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks
time to file reply.
Petitioner has approached this Court seeking direction to respondents to transfer him to the place near to his native place in Tehsil Jawali on the
ground that he has completed his normal tenure in the tribal area in District Chamba and as per transfer policy, he is entitled for such posting/transfer.
It is further submitted that representation of petitioner dated 8th September, 2020, submitted to the Director Elementary Education, Anneuxre P-2, is
pending consideration before respondent No.2. It is also submitted on behalf of petitioner that his transfer is necessary, enabling him to serve his ailing
father.
In view of the nature of order proposed to be passed, no reply or instructions are necessary to be called for from the respondents.
Petitioner has sought his transfer from present place of posting on the grounds stated in representation made by him and also explained in petition.
In view of above, respondent No.2 is directed to decide the representation of petitioner by passing a speaking and reasoned order on or before 1st
April, 2021. Needless to say that order shall be passed after giving the personal hearing to petitioner, if desired so.
In addition, petitioner is also at liberty to file a fresh detailed representation, if advised so, before the Director, Elementary Education, Himachal
Pradesh directly on or before 27th February, 2021. In case no fresh representation is filed, respondent No.2 shall take a final decision as directed
herein-above on the basis of representation dated 8.9.2020, Annexure P-2, in accordance with law and policy invoked within the prescribed period.
Petition stands disposed of accordingly including any pending application(s).
Petitioner may produce the downloaded copy of the order passed by the Court before the Authorities concerned if required and the concerned
Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.