Surender Kumar vs State Of H.P. & Ors

Tarlok Singh Chauhan, J

The instant petition has been filed by the petitioner for the grant of following substantive reliefs:

“A. That Your Lordships may graciously be pleased to issue the Writ in the nature of Certiorari quashing and setting aside the impugned office

Order dated 05.05.2021 contained in Annexure P-2.

B. That Your Lordships may further graciously be pleased to issue the Writ in the nature of Mandamus directing the respondents to allow the

petitioner to work at Government Primary School Jogipanga District Una, Himachal Pradesh.â€​

It would be noticed that the only ground on which the petitioner is claiming a right to be transferred from his present place of posting is on account

of personal hardship. However, it is more than settled that the Courts are extremely slow to interfere directly in personal hardship cases, the clear

implication of the almost consistent directions given in the cases are that the transferee could make a representation to the competent authority.

Reference in this regard can conveniently be made to a judgment of the Hon’ble Supreme Court in Rajendra Roy vs. Union of India and

another (1993) 1 SCC 148, wherein it was observed as under:

“7..... The appellant has not made by representation about personal hardship to the department. As such, there was no occasion for the department

to consider such representation. This appeal, therefore, fails and is dismissed, but we make no order as to costs. It is, however, made clear that the

appellant will be free to make representation to the concerned department about personal hardship, if any, being suffered by the appellant in view of

the impugned order. It is reasonable expected that if such representation is made, the same should be considered by the department as expeditiously

as practicable.â€​

Consequently, the present writ petition is disposed of with a direction to respondent No.2 to consider the instant case as a representation and decide

the same sympathetically within two weeks from today. Till then the impugned transfer order dated 05.05.2021 (Annexure P-2) is ordered to be

stayed. Pending application(s), if any, also stands disposed of.

Copy dasti.