Som Dutt vs State Of H.P. & Another

Anoop Chitkara, J

The petitioner, who is working as TGT (Non-Medical) in Government Middle School, Chhaling, u/c Government Senior Secondary School, Tingret,

District Lahaul & Spiti, H.P., has come up before this Court seeking his transfer from difficult/hard area to one of the stations of his choice, as per

clause 16.1 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh, which provides that the

normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers. In this regard the petitioner has

filed representation, which is still pending before the authorities concerned.

Notice. Mrs. Rita Goswami, learned Additional Advocate General, appears and accepts service of notice on behalf of the respondents.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

Consequently, this petition is disposed of with a direction to the respondent/authorities to decide the representation of the petitioner, in the light of the

transfer policy occupying the field, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall

consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have

completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the

office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their

normal tenure and the possible places where the petitioner can be posted. Pending application(s), if any, are closed.