Sunil Kumar vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

Notice. Mr. Ranjan Sharma, Additional Advocate General accepts notice on behalf of the respondents.

In view of the controversy involved in this petition, with the consent of the parties, the same is being disposed of, at this stage itself.

The petitioner was appointed as a non-medical TGT and posted as such in Government High School, Siun under Complex Government Middle

Senior Secondary School, Sangrah, Tehsil Sangrah, District Sirmour, H.P. and he is stated to be serving there since 01.12.2014. According to the

petitioner, this is a sub-cadre area and it has been declared as such on account of its difficult terrain. The prayer of the petitioner is that as the

petitioner has already completed more than six years service at this school which falls in sub- cadre area, therefore, in terms of the transfer policy of

the respondent-State, the petitioner may be posted at a station which is convenient to him, within some reasonable time.

Learned Additional Advocate General submits that if the facts are as pleaded in the petition, then in the event of the petitioner making an

appropriate representation to the authority concerned indicating therein five stations of his choice, including station in a district which is not his home

district, his representation shall be sympathetically considered by the authority concerned keeping in view the administrative exigency and public

interest.

In view of the fair stand so taken by the State, this petition is disposed of with the direction that petitioner shall file an appropriate representation for

his transfer from the school where he is presently serving, within two weeks from today. As from the date of receipt of any such representation, the

same shall be decided within four weeks after giving an opportunity to the petitioner of being heard and if possible, the petitioner be posted at a station

of his choice, obviously by taking into consideration the administrative exigency and public interest so involved in the posting of the petitioner. It is

clarified that in case it is not possible for the authority to immediately transfer the petitioner from the station where he is posted, then appropriate order

be passed, ordering his transfer to a station which is likely to fall vacant in near future. Petition stands disposed of in above terms, so also

miscellaneous applications, if any.

Copy dasti.