Sunil Kumar vs State Of H.P. & Others

Tarlok Singh Chauhan, J

Issue notice. Mr. Ramakant Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the respondents.

The instant petition has been filed for the grant of the following substantive relief:-

“That the respondent department may decide the representation dated 5.6.2023 submitted by the petitioner through proper channel within time bound manner preferably within two weeks.”

The disability of 70% of the petitioner is evident from Annexure P-1, annexed with the instant petition. Petitioner is serving as JBT and has completed his normal tenure at GPS Bhatwadi, Education Block Aut, District Mandi and prays for his transfer under certain benefits, which have been conferred by the State Government under the Comprehensive Guiding Principles- 2013" for regulating the transfer of State Government employees for the persons suffering from disability, one of such benefits has been provided under Clause 5.3, which reads as under:-

As far as possible, Officers/Officials with 60% and above physical disability should be given stations of their choice. In the circumstances where it is absolutely not possible, subject to vacancy, they should at least be given postings on road heads or convenient stations where bus service is available.

It is possible that at the time of making postings the information on physical disability is not available because of which a person with physical disability is posted to any inconvenient stations. In order to rule out such eventualities and the resultant hardships to the people with physical disability, the entries about the physical disability should be made in service books, incumbency statements, seniority lists and any other documents relied upon by the department for making transfers & postings.”

In the given facts and circumstances, we deem it proper to dispose of this petition by directing the respondents to consider the case of the petitioner for his transfer, on his making a representation to this effect, clearly setting out therein at least five stations of his choice and in turn the same shall be considered by the respondents, within a period of three weeks from the date of receipt of such representation and thereafter by passing consequential orders of transfer of the petitioner. Ordered accordingly.

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