Subhash Chand vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner is aggrieved by his transfer from Government Senior Secondary School, Amroh, District Hamirpur to Government Senior Secondary School, Banjar, District Kullu. There is no dispute that the Petitioner has completed his normal tenure at Amroh. However, he is aggrieved that the present transfer affects the educational prospects of his child, who is physically challenged to the extent of 75% and his aged parents. More over, according to the Petitioner, there is no other member in the family to look after his aged parents since his wife is also working as Anganwari worker at Anganwari Centre Jalari, District Hamirpur. According to the Petitioner, there are vacant posts at Government Senior Secondary School, Nalti and Shnai. These vacancies, if available, the Petitioner may point out before the second Respondent. In the event of the Petitioner filing such a representation within one week from today, the Director shall consider the matter, adverting to the vacancies pointed out by the Petitioner and pass appropriate orders in the matter, adverting to the submissions made in the representation within another ten days. In case the Petitioner is relieved in the meanwhile, he may not be compelled to join the transferred station and it will be open for him to avail leave of the kind due. Needless to say that the Petitioner will be relieved only when the third Respondent reports for duty.

The writ petition is disposed of, so also the pending applications, if any.