In cases of extreme medical exigencies, the court may direct the consideration of inter-district transfer requests and examination for relaxation of eligibility norms.

JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. B.C. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. The petitioner has filed the instant writ petition, seeking Inter-District Transfer from Shimla District to Sirmaur District, being Junior Basic Teacher (JBT), with the following prayers:-

“(i). That the respondents especially respondent no. 2, 3 & 4 may very kindly be directed to transfer and adjust the petitioner at any nearby station to/at Nao Barwa or Sataun, Tehsil Paonta Sahib District Sirmaur, H.P. including at GPS Bana, GPS Korga, GPS Kheel, GPS Kanti Mashwa & GPS Jhaloti, Edu. Block Sataun, Tehsil Kamrau, Distt. Sirmaur, H.P., on compassionate and sympathetic grounds (so as to enable him to take care of his minor child, ailing wife and old age parents) and by taking into consideration service of more than three years rendered by the petitioner at difficult area sub-cadre; and/or.

(ii) That the Respondent dept. especially respondent no. 2 be directed to consider and decide the representation made by the petitioner (Annexure P-3) on compassionate and sympathetic grounds, more than three years rendered by the petitioner at difficult area sub-cadre, in a time bound manner.”

3. In the background of the reliefs, as prayed for, Mr. Ganesh Barowalia, learned counsel for the petitioner, submits that the petitioner is working as a JBT on contract basis in Government Primary School, Gaunth, Education Block, Kupvi, which is a hard/difficult area from 22.09.2020 and in view of the extreme medical exigencies of his wife, who is suffering from Transvaginal and Transabdominal and is under constant treatment from the Medical Experts, as per Annexure P-4 (colly), the petitioner had made a representation for his Inter-District Transfer, dated 26.09.2020, then on 14.10.2022, Annexure P-2 (colly), and representation recently on 21.09.2023, Annexure P-3, keeping in view the medical exigencies of wife and other peculiar family circumstances.

4. Per contra, Mr. B.C. Verma, learned Additional Advocate General, submits that as per Inter-District Transfer Policy, notified on 20th November, 2021, Annexure P-6, the petitioner is not eligible for Inter-District Transfer, as he has not completed five years of regular/contractual service as required under the s aid Policy.

5. In rebuttal, Mr. Ganesh Barowalia, learned counsel, submits that the petitioner is only seeking consideration of his case for Inter-District Transfer, by relaxing or otherwise, notwithstanding the fact, that the petitioner is not eligible in terms of the existing Policy, Annexure P-6, but only in view of the extreme medical exigencies of his wife.

6. Without going into the rival contentions, in view of the including fact as to whether the petitioner can claim benefit of Inter-District Transfer, dehors the Policy or not, coupled with the fact as to whether in case of extreme medical exigencies, the aforesaid Policy, Annexure P-6, could be relaxed and if yes, under what circumstances.

7. In this background and as prayed for by Mr. Ganesh Barowalia, learned counsel, this Court directs respondent No.2-Director, Elementary Education, Himachal Pradesh, to decide the latest representation dated 21.09.2023, Annexure P-3, after taking into accounts the medical exigencies, Annexure P-4 and other hardships, at its own level or by taking up the matter with respondent No.1-Principal Secretary (Education) to the Government of Himachal Pradesh, for examining/considering this case for relaxation of norms, if so required, within three weeks from today.

8. Needless to say that, this Court has not adverted to the rival contentions and merits of the matter and all Questions of facts and law are left open.

As aforesaid, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.