Yougal Bansal vs State Of H.P. & Ors

Tarlok Singh Chauhan, J

Notice. Mr. Vinod Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents-State.

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

“i) That the directions may kindly be issued to the respondent Department to transfer the petitioner from Government Middle School, Kanda, U/c Government Senior Secondary School, Kupvi, District Shimla, H.P. to one of the stations of his choice, as per the transfer policy.

ii) That the respondent No. 2 may kindly be directed to decide the representation dated 22.10.2022 (Annexure P-3), within a time bound manner.”

A perusal of the petition would go to show that the petitioner has completed his normal tenure of service in sub-cadre area, having served continuously w.e.f. 15.11.2019 at Government Middle School, Kanda,U/c Government Senior Secondary School, Kupvi, Tehsil Kupvi, District Shimla. Therefore, he is entitled to be transferred and posted at a station of his choice, in terms of the transfer policy/guidelines framed by the Government in this regard. The petitioner has given five stations of his choice in his representation, dated 22.10.2022, which are enumerated as under:

a. GHS Banuti, District Shimla, H.P.

b. GHS, Devnagar, District Shimla, H.P.

c. GSSS, Shamla Ghat, District Shimla, H.P.

d. GSSS,Shoghi, District Shimla, H.P.

e. GGSSS, Kandaghat, District Solan, H.P.

In this view of matter, we dispose of this petition with a direction to the respondents-State to consider and decide the case of the petitioner and thereafter pass a consequential order of transfer, posting the petitioner at one of the five stations of his choice, positively within a period of two weeks from today.

Pending application, if any, also stands disposed of.

For compliance, to come up on 11.1.2023.