High CourtsDivision Bench

Sudershan Singh vs State Of H.P. & Another

High Court Of Himachal Pradesh · Decided on 3 May 2021 · Citation: (2021) 05 SHI CK 0010

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
CASE NUMBER
Civil Writ Petition No. 2764 Of 2021
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Judgment

14 paragraphs · 257 words

Anoop Chitkara, J

1.

The petitioner, who is working as DPE, in Government Senior Secondary School, Ootpur, Tehsil Ladbharol, District Mandi, H.P. and is under

transfer to Government Senior Secondary School, Nakhlehra, District Bilaspur, H.P., has come up before this Court seeking cancellation of impugned

order of transfer dated 29.04.2021 (Annexure P-2) on the ground that clause 5.5 of the Comprehensive Guiding Principles-2013, of the transfer policy

applicable in the State of Himachal Pradesh, provides that an employee, who has less than two years to retire, should be posted in the convenient

places/ stations.

2.

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

3.

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

4.

Given clause 5.5 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh, which provides

that an employee, who has less than two years to retire, should be posted in the convenient places/ stations, we dispose of this writ petition with liberty

to the petitioner to make representation to the first respondent, within a week for suitable adjustment, strictly in accordance with the transfer policy.

On receipt of such representation, the said respondent shall decide the same, in the light of the transfer policy occupying the field, within two weeks.

Subject to filing of representation within the time-frame mentioned above, the impugned order dated 29.04.2021, Annexure P-2, shall remain stayed.

Pending application(s), if any, are closed.