Suneel Kumar vs State Of Himachal Pradesh And Others

Sabina, J

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking mainly the following relief:-

“(i) That the respondents may kindly be directed to consider the case of the petitioner for his transfer from present place of posting to any of the stations of his choice as mentioned in para No.5 of the writ petition against vacant post or against longer stay in the interest of justice.

(ii) That the condition of receiver/substitute may kindly be quashed and set aside.”

Learned counsel for the petitioner has submitted that the petitioner has completed his normal tenure in a hard area and now is entitled for his posting to a soft area. Petitioner has submitted his representation (Annexure P-2.) to respondent No.2 in this regard, but no action has been taken so far in the matter by the said respondent.

Learned Additional Advocate General has submitted that the representation submitted by the petitioner is not in terms of the Transfer Policy dated 10.07.2013.

Accordingly, without adverting to the merits of the case, we dispose of the writ petition with a direction that in case the petitioner moves a fresh representation before respondent No.2, Director of Elementary Education, Himachal Pradesh, in terms of the Transfer Policy dated 10.07.2013, within one week from today, the same shall be disposed of by respondent No.2, in accordance with law, within two weeks thereafter from the date of receipt of the representation moved by the petitioner, alongwith copy of this order.

Pending miscellaneous application(s), if any, shall also stand disposed of.

To come up for compliance, on 17.3.2023.