Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.8518 of 2025
Decided on: 22nd May, 2025 _________________________________________________________________ Netter Singh
....Petitioner
Versus State of H.P. & Ors.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vikas Rajput, Advocate.
For the respondents: Mr. Ms. Leena Guleria, Deputy Advocate General.
Jyotsna Rewal Dua, Judge
Notice. Ms. Leena Guleria, learned Deputy Advocate General, accepts service of notice on behalf of the respondents. With consent of learned counsel for the parties, matter is heard at this stage.
2.
Petitioner is serving as TGT (N.M.) at GSSS Padhar, District Mandi, H.P. His grievance is to the office
order dated 19.05.2025 (Annexure P-1), whereunder, he has been transferred GMS Chulathach u/c Gadagussain, District Mandi.
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
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3.
Learned counsel for the petitioner submits that petitioner was transferred to the present place i.e. GSSS Padhar only in February 2024; He has been transferred again within a short stay of one year and three months. The respondents have not allowed the petitioner to complete his normal tenure at the present place posting.
It was also submitted that petitioner has been transferred to a hard area under the impugned order, whereas the petitioner has already served hard area at GMS Graman, u/c GSS Thaltukhod, Tehsil Joginder Nagar, District Mandi. The petitioner, therefore, could not have been transferred to hard area, having already served hard area for a period of five years. It was also submitted that under the impugned order, petitioner has not been granted TTA/JT as if the petitioner had requested for his transfer, whereas, petitioner has not made any request for his transfer from GSSS Padhar.
Learned counsel for the petitioner submits that it is a single transfer and no one else has been has been ordered to be posted against the petitioner. Petitioner is still continuing to serve at GSSS Padhar, District Mandi.
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4.
In view of grounds urged for the petitioner, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent No.2/Competent Authority within two weeks, thereafter, the same shall be considered and decided by the Competent Authority, in accordance with law and as per applicable transfer policy, within four weeks thereafter. Copy of decision so taken, be communicated to the petitioner.
Till such time, the operation of office order dated 19.05.2025 (Annexure P-1) shall remain stayed qua the petitioner. It is made clear that in case petitioner does not represent within the aforesaid period, the protection granted to him under this order shall automatically stand vacated.
Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua
Judge May 22, 2025 R.Atal