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Surender Kumar vs State Of H.P. And Ors.

High Court Of Himachal Pradesh · Decided on 9 July 2020 · Citation: (2020) 07 SHI CK 0305

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2259 Of 2020
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Judgment

7 paragraphs · 219 words

Tarlok Singh Chauhan, J

1.

The petitioner, by medium of the instant petition, has challenged the transfer order, dated 29.6.2020 (Annexure P­9), whereby he has been transferred from Kullu to Mandi.

2 The petitioner is stated to be suffering permanent disability of 60% as is evident from disability certificate, Annexure P­1.

3 The State, in its policy for the persons with disabilities as notified on 10.3.2011, has granted certain benefits to the employees with 60% disability or higher disability.

4 As regards transfer to station of choice, clause 6.2.3(1)(vi), reads as under:­

"For the placement and transfer of the employees with severe disabilities, it is the policy of the State Government to give stations of choice to the employees with 60% or higher disability, as far as possible."

5 In such circumstances, the instant petition stands disposed of with a direction to the respondents to consider the instant petition as a representation and, after taking into consideration the disability certificate of the petitioner, decide the same strictly in accordance with clause 6.2.3(1)(iv) (supra) within a period of four weeks. Till such time, no coercive steps shall be taken against the petitioner so as to compel him to join at the transferred station. Pending application(s), if any, also stands disposed of. The parties are left to bear their own costs.