Satpal vs State Of Himachal Pradesh & Ors

Ranjan Sharma, J

Notice. Mr. Rohit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents No.1 to 4.

The petitioner, is a JBT belonging to District Cadre. The petitioner has assailed the office order dated 30.09.2023, Annexure P-1, transferring him from GPS Dundei Education Block Gehra, Tehsil Bharmour, District Chamba, H.P. to GPS Titnu, Education Block Chamba 1st, District Chamba, against vacancy.

The petitioner impugns the transfer order on the ground that (i) after having served for more than five years in GPS Dundei Education Block Gehra, which is a tribal area, he is entitled to be considered for posting at one of thestations of his choice in terms of the transfer policy;

(ii) transfer without seeking choice of stations is arbitrary;

(iii) transfer without seeking options for station of choice is discriminatory when, this concession/benefit is given to other employees-JBTs.

The learned State Counsel states that the transfer has been ordered an approval of the Competent Authority and the petitioner has been posted against vacancy.

At this stage, the learned counsel for the petitioner submits that he shall be satisfied in case, he is permitted to make a representation to the Respondent No.2 i.e. Director Elementary Education, Himachal Pradesh within a time bound manner, pointing out his grievance, including hardships which are to be examined by the appointing/transferring authority, as per settled law.

Without adverting to the merits of the case, this Court permits the petitioner to make a representation to the respondent No.2-Director Elementary Education, Himachal Pradesh, Shimla within two weeks from today. In case, any such representation, is made, the Director of Elementary Education, Himachal Pradesh, Shimla shall decide the representation within two weeks thereafter; and that too after affording an opportunity of hearing to the petitioner, in accordance with the existing norms and the law.

In the aforesaid background, the operation of the orders dated 30.09.2023, Annexure P-1, transferring the petitioner from GPS Dundei Education Block Gehra, Tehsil Bharmour, District Chamba, (HP) to GPS Titnu, Education Block Chamba-I, District Chamba, is stayed, qua the petitioner, in case, the petitioner has not been relieved, from present place of posting, as on today.

Petition stands disposed of so also the pending miscellaneous application(s), if any.