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Sushil Kumar vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 24 February 2022 · Citation: (2022) 02 SHI CK 0070

HON’BLE JUDGES
Mohammad Rafiq, CJ · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 715 Of 2022
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Judgment

7 paragraphs · 343 words

Mohammad Rafiq, CJ

1.

This writ petition has been filed by Sushil Kumar, who is working as TGT, challenging transfer order dated 08.02.2022 (Annexure P-1), whereby he has been transferred from GMS Raipur, u/C GSSS Lambagaon (Kangra) to GSSS Gumma (Shimla) vice respondent No. 4-Neelakshi Sharma, TGT.

2.

The contention of learned Counsel for the petitioner is that the petitioner has been transferred only to accommodate respondent No. 4, who was earlier serving at GMS Sandroan, u/c GSSS Kosri (Kangra) and has now been accommodated, vice the petitioner at a place, which is only six kilometers away from the place of her earlier posting, whereas the petitioner has been transferred to a place, which is located at a distance of more than 250 kilometers from the place of his earlier posting. The said transfer is causing huge hardships to the petitioner and his family. According to the petitioner, respondent No. 4 has managed her transfer politically. Father of the petitioner is about 83 years old and is suffering from Parkinson progressive disease for the last 15-16 years and the petitioner has attained the age of more than 55 years and is due to retire in less than three years.

3.

This Court vide order dated 15.02.2022, has directed that the petitioner shall not be compelled to join the next place of posting/transfer. The said order remains in operation till today.

4.

Learned Counsel for the petitioner submits that the petitioner may be accommodated at a nearby place in District Kangra, rather than compelling him to join at the transferred place.

5.

Having regard to the submissions made, we dispose of this writ petition, reserving liberty to the petitioner to make a representation before respondent No. 2, within a period of three days from today, indicating therein the places where he can be accommodated in District Kangra and directing respondent No. 2 to examine the representation of the petitioner and decide the same within seven days from the date of filing the representation before him.

6.

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