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Judgment
15 paragraphs · 317 wordsAnoop Chitkara, J
The petitioner, who is working as Fisherman at Trout Farm Sangla, District Kinnaur, H.P., has come up before this Court seeking his transfer from
Hard/difficult area to one of the stations of his choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, issued by the State
Government, 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 already made a representation, Annexure P-3, which is still pending before the concerned authority.
Notice. Mr. Adarsh Sharma, 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 liberty to the petitioner to make fresh representation to the respondent/ authorities concerned giving
five stations of his choice, which must be spread in more than one district, within one week from today, in the light of clause 16.1 read with clause
16.5 of the transfer policy. On receipt of such representation, the respondent/authorities shall 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.