SUMARJEET SINGH v. STATE OF HP AND ORS
Court: High Court of Himachal Pradesh
Bench: HONOURABLE THE CHIEF JUSTICE L. NARAYANA SWAMY,HON'BLE MR. JUSTICE ANOOP CHITKARA
Judgment date:
Case summary
High Court of Himachal Pradesh judgment dated 2020-12-22. SUMARJEET SINGH v. STATE OF HP AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6109 of 2020 Date of Decision: December 22, 2020 Sumarjeet Singh ... Petitioner Versus State of H. P. & Others ... Respondents Coram: The Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. The Hon’ble Mr. Justice Anoop Chitkara, Judge. 1 Whether approved for reporting? No. For the petitioner : Mr. Sudhanshu Jamwal, Advocate. For the respondents : Mr. Ashok Sharma, A. G. with Mr. Adarsh Sharma & Ms. Rita Goswami, Addl, A. Gs. COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE Anoop Chitkara, Judge(oral) The petitioner, who is working as Trained Graduate Teacher (Medical) in Government Senior Secondary School, Kothi Kohal (Chhotta Bhangal), Tehsil Multhan, Block Baijnath, District Kangra, H. P. , has come up before this Court seeking his transfer from Sub-Cadre/hard area to one of the stations of his choice, as per clause 16.
1 of the Comprehensive Guiding Principles-2013, issued by the State Government, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. Notice. Mr. Adarsh Sharma, learned Additional Advocate General appears and accepts service of notice on behalf of the respondents. 3. In view of the nature of the order, we propose to pass, no response is required from the respondents. 4. Consequently, this petition is disposed of with liberty to the petitioner to make a fresh representation to the respondent/authorities concerned giving five stations of his choice, which must be spread in more than one district, within one week from today, in the light of clause 16. 1 read with clause 16. 5 of the transfer policy.
On receipt of such representation, the respondent/authorities shall decide the representation of the petitioner, in the light of the transfer policy occupying the field, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted there have completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have completed their normal tenure and the possible places where the petitioner can be posted. Pending application(s), if any, are closed. (L. Narayana Swamy), Chief Justice. (Anoop Chitkara), December 22, 2020(ps) Judge.
Source: High Court of Himachal Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.