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2025 DAILYLAW 15907 (HP)

RAM DSS v. THE STATE OF HP AND OTHERS

CWP/8988/2025 · 2025-05-30

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8988/2025 Decided on: 30.05.2025 Ram Dass …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. R.L. Chaudhary, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. Y.P.S. Dhaulta, 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 serving as Art Teacher (Drawing Master) at PM Shri Government Utkrisht Senior Secondary School, Kanaid, District Mandi. The case of the petitioner is that:- He is physically challenged since birth and suffers from 60% locomotor disability; With advanced age, his condition has worsened; One of his leg has become completely immobile; He is unable to walk or climb stairs on 1 Whether reporters of the local papers may be allowed to see the judgment? 2 his own and is completely dependent upon others for commuting to school; He is undergoing treatment for his condition at PGI Chandigarh. That the petitioner also suffers from heart disease and had undergone heart surgery in the year 2018 at PGI Chandigarh; On account of petitioner’s condition, his wife is burdened with all household responsibilities as well as petitioner’s health issues. Learned counsel for the petitioner submitted that the petitioner had preferred a representation at Annexure P-2 seeking to continue at the place of posting highlighting his difficulties to respondent No.3/competent authority, but the said authority has not decided the representation. 3. Circumstances pointed out by the petitioner if correct, may pose hardship for him as is urged by his learned counsel. Though it cannot be ignored at this stage that the petitioner is seeking a negative relief for not transferring him from his present place of posting in absence of any cause of action having occasioned as on date, however looking to the adverse circumstances pointed out in the petition, without looking into the maintainability of the petition, this writ petition is disposed of by directing respondent No.3/competent authority to consider and decide the aforesaid representation of the petitioner, in accordance with law and applicable policy, within a period of two weeks. The order so passed be also communicated to the petitioner. 3 Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 26th May, 2025(rohit)