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High Court of Himachal Pradesh · body

2025 DAILYLAW 11576 (HP)

NARAYAN SINGH v. THE STATE OF HP AND OTHERS

CWP/5728/2025 · 2025-04-10

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5728/2025 Decided on: 10.04.2025 Narayan Singh …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sat Prakash, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General . Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Petitioner is aged about 54 years and is currently serving as Junior Basic Trained Teacher at Government Central Primary School (GCPS) Bahika-Bagh, Education Block Chowari, District Chamba. His grievance is to the office order dated 03.04.2025 that transferred him to Government Central Primary School Purthi Education Block Pangi, stated to be a tribal/hard area. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 3. Learned counsel for the petitioner submitted that on account of age of the petitioner and certain ailments being suffered by him, it will not be possible for the petitioner to serve at GCPS Purthi, Education Block Pangi, District Chamba. Learned counsel further submitted that the petitioner has already served in the tribal/hard area for more than 6 years. 4. On being confronted as to whether the petitioner has represented to his employer with his grievances, learned counsel for the petitioner submitted that the petitioner be permitted to prefer a representation within four days with the aforesaid grievances, whereafter respondent No.2/competent authority be directed to consider and decide the same within time bound schedule. Learned Additional Advocate General has no objection to this prayer. 5. In view of above submissions, the instant writ petition is disposed of by permitting the petitioner to make a representation to respondent No.2/competent authority, within a period of four days from today, who shall in turn, consider and decide the same, in accordance with law and applicable Transfer Policy, within a further period of one week. The order so passed be also communicated to the petitioner. Till the decision of the representation to be made by the petitioner, operation of order dated 03.04.2025, qua the petitioner shall remained stayed. It is, however, made clear that in case, the petitioner does not make any representation within the aforesaid 3 period, interim protection granted to him shall stand vacated. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 10th April, 2025(rohit)