Santosh Kumar vs State Of HP

Vivek Singh Thakur, J

CMP No. 1408 of 2021

Allowed and disposed of.

CWP No. 771 of 2021

Notice. Mr. Nand Lal Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent and seeks

time to file reply.

Petitioner has approached this Court by way of present writ petition seeking direction to the respondent for his transfer from present place of

posting, which is a difficult area, to the place of his choice in District Kangra/Mandi.

In view of order proposed to be passed, no reply or instructions are necessary to be called for from the respondent.

Petitioner has approached this Court earlier by filing CWP No. 2921 of 2019 titled Santosh Kumar Sood vs. State of H.P., which was disposed of

vide order dated 17th June, 2020 on the first date of hearing by the Division Bench of this Court with liberty to petitioner to make a fresh

representation to the Secretary (Education) to the Government of Himachal Pradesh with further direction to the said respondent to decide the same

in the light of transfer policy occupying the field and pass appropriate orders within two weeks.

In compliance of that order, the Secretary (Education) to the Government of Himachal Pradesh has ordered the transfer of petitioner to

Government Senior Secondary School, Swad District Mandi against vacant post vide order dated 27th July, 2020.

It is the case of petitioner that keeping in view his previous posting, he was required to be posted in soft area, whereas, he was posted at Swad and

as per notification dated 3rd October, 2016 issued by the Department of Personnel (HP), at Sr. No. 10 Chuhar Ghati of District Mandi is a difficult

area Sub-Cadre and Government Senior Secondary School Swad is situated in Chuhar valley of District Mandi and though, he, in compliance of order

passed by the Secretary (Education) to the Government of Himachal Pradesh, had joined in GSSS Swad, but, he had again represented to Secretary

(Education) vide representations dated 24th September, 2020, 29th October, 2020 and 5th February, 2021 for his posting in soft area and in the last

representation dated 5th February, 2021, he has also mentioned five stations, which are either vacant or likely to be vacant in near future. Further case

of petitioner is that he is 55 years old and as per transfer policy, he is required to be posted at soft area.

Be that as it may, present petition is disposed of with direction to respondent to pass an appropriate speaking and reasoned order in response to

representations of petitioner mentioned herein-above on or before 15th March, 2021 in accordance with Rules, Policy and law as applicable.

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

Petition stands disposed of accordingly including any pending application(s).