BALDEV SINGH vs STATE OF HP AND OTHERS

High Court of H.P.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2404 of 2023 Decided on: 28th April, 2023 ______________________________________ Sh.

Baldev Singh ....Petitioner Versus State of H.P. and others ……Respondents Coram The Hon’ble Mr.

Justice Vivek Singh Thakur, Judge The Hon’ble Mr.

Justice Sushil Kukreja, Judge 1 Whether approved for reporting?

For the petitioner: Mr.

V.S.

Chauhan, Senior Advocate with Mr.

Rajul Chauhan, Advocate.

For the respondents: Mr.

Anup Rattan, Advocate General with Mr.

Varun Chandel, Additional Advocate General.

Vivek Singh Thakur, J (oral) Petitioner has approached this Court, being aggrieved by his transfer, vide order dated 18th April, 2023 (Annexure P-1) from Government Senior Secondary School Shakoli, District Sirmour to Government Senior Secondary 1 Whether reporters of Local Papers may be allowed to see the judgment? ::: Downloaded on - 01/05/2023 11:11:37 :::CIS High Court of H.P. - 2 - School Bharoli, District Sirmour, Himachal Pradesh, on the ground that he has been serving in the hard area since 2002 and he has been transferred without giving him a chance to opt for stations of his choice in terms of the Transfer Policy of the State Government, whereas, he, after serving in the hard area, was entitled for posting at a place of his choice out of five stations.

2.

Learned counsel for the petitioner submits that as petitioner is ready to file a representation in detail to respondent No.2-Director Higher Education, Himachal Pradesh, within four days, therefore, petitioner would be satisfied in case time bound direction is given to respondent No.2 to consider and decide the same and till then the impugned transfer order is stayed.

3.

In view of the above, petitioner is permitted and directed to submit his fresh representation with five stations of his choice with respondent No.2-Director Higher Education, Himachal Pradesh, within four days from today. rom today.

In case such representation is preferred by the petitioner, respondent No.2 is directed to consider and decide the same in accordance with law and the Transfer Policy of the State Government on or before 15th May, 2023 and to pass a speaking and reasoned order, after ::: Downloaded on - 01/05/2023 11:11:37 :::CIS High Court of H.P. - 3 - providing an opportunity of personal hearing to the petitioner, if desired so.

4.

Till the decision is taken in the representation of the petitioner by respondent No.2-Director Higher Education, Himachal Pradesh, the impugned transfer order dated 18th April, 2023 (Annexure P-1) shall remain stayed.

5.

Petition stands disposed of alongwith all pending miscellaneous application(s), if any.

6.

Petitioner may produce the downloaded copy of the order passed by the Court before the Authorities concerned, if required, and the concerned Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court. (Vivek Singh Thakur) Judge (Sushil Kukreja) Judge April 28, 2023 (Bhardwaj) ::: Downloaded on - 01/05/2023 11:11:37 :::CIS