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2021 Supreme(Online)(HP) 667

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MRS. JUSTICE SABINAHON'BLE MS. JUSTICE JYOTSNA REWAL DUA
BIKRAM SINGH – Appellant
Versus
STATE OF HP AND ANR – Respondent
CWP/7731/2021



Petitioner Advocates:Rakesh Kumar Dogra ,Respondent Advocate: AG

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA th ON THE 8 DAY OF DECEMBER, 2021 BEFORE HON’BLE MS. JUSTICE SABINA &

HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No.7731 of 2021 Between:-

SH. BIKRAM SINGH, SON OF SH. DEV RAJ, R/O VILLAGE KARDHAR, P.O. BARAGRAN, TEHSIL MULTHAN, DISTRICT KANGRA, HIMACHAL PRADESH, PRESENTLY WORKING AS TGT (NON-MEDICAL) IN GOVT. HIGH SCHOOL, GRAMAN, U/C GOVT. SR. SEC. SCHOOL, THALTUKHOD, DISTRICT MANDI. ..….PETITIONER (BY MR. RAKESH KUMAR DOGRA, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (EDUCATION)

TO THE GOVERNMENT OF HIMACHAL PRADESH.

2. DIRECTOR OF ELEMENTARY EDUCATION, SHIMLA, HIMACHAL PRADESH. …...RESPONDENTS (BY MS SEEMA SHARMA, DEPUTY ADVOCATE GENERAL)

________________________________________________________

This Civil Writ Petition coming on for admission this day, Hon’ble Ms. Justice Sabina, passed the following:

O R D E R

The petitioner has filed the present petition underH Article 226 of the Constitution of India, seeking mainly the following relief(s):-

“A. That order dated 10.3.2021 (Annexure-P-2) may kindly be quashed and set-aside.

B. That the respondents m ay very kindly be directed to consider the request of petitioner for transfer from the present place of posting to the station of his choice as mentioned in para 12 of the CWP keeping in view of the transfer policy.”

2. Learned cCounsel for the petitioner has submitted that vide order dated 8.4.2021 (Annexure P-2) representation moved by the petitioner for his transfer from sub-cadre area to soft area was declined by grespondent No.2 on the ground that the petitioner was having short stay. The petitioner is working in the Government High School, Graman, District Mandi since 20.7.2018. However, after completing the three years’ stay, petitioner moved a fresh representation (Annexure P-3) before respondent No.2 on 11.8.2021 for his transfer to a soft station. However, no action has been taken on the said representation so far.

3. Accordingly, without adverting to the merits of the case, we deem it appropriate to dispose of the writ petition by directing respondent No.2-Director of Elementary Education, Shimla to dispose of the representation (Annexure P-3) moved by the petitioner, in accordance with law, within two weeks of the receipt of copy of this order. H Pending miscellaneous application(s), if any, also stands disposed of. Copy Dasti.

( Sabina )

Judge ( Jyotsna Rewal Dua)

Judge December 8, 2021 (ks)

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