Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9133 of 2025 Date of Decision:02.06.2025 _______________________________________________________ Arvind Kumar
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Ms. Archna Dutt, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral):
Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that petitioner herein, who is a Shasti, though stands transferred from Government High School Jutrahan to Government High School Dagoh, District Chamba, Himachal Pradesh against vacancy and in condonation of short stay, but yet is not being relieved on account of the fact that Deputy Director of Elementary Education, Chamba, District Chamba, Himachal Pradesh has not issued the posting orders. 1Whether the reporters of the local papers may be allowed to see the judgment? 2
2. Having regard to the nature of the prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General. 3. Bare perusal of the averments contained in the petition, which is duly supported by an affidavit reveals that petitioner herein, who is a Shastri, though stands transferred from Government High School Jutrahan to Government High School Dagoh, District Chamba, Himachal Pradesh vide impugned transfer order dated 29.04.2025, issued under the signatures of Director School Education, Himachal Pradesh, but till date, Deputy Director Elementary Education, Chamba, who has been already forwarded the afore impugned order with a direction to pass appropriate orders, has not issued order of the petitioner, as result thereof, he is unable to join at the transferred station. It is alleged in the petition that save and except case of the petitioner, Deputy Director Elementary Education, Chamba has already issued orders in other cases, as detailed in the impugned transfer order, but for no cogent and convincing reason, posting order in terms of the transfer order of the petitioner is being delayed. 4.
Learned Additional Advocate General, while putting appearing on behalf of the respondents fairly states that once higher authority has already ordered for transfer of the petitioner from
3
present place of post to Government High School Dagoh, District Chamba, Deputy Director Elementary Education, Chamba has no authority to sit over the same and as such, this Court may pass appropriate order. 5. Consequently, in view of the above, present petition is
disposed of with a direction to Deputy Director Elementary Education, Chamba to ensure that needful in terms of order dated 29.4.2025 (Annexure P-2) issued by the Director School Education, Himachal Pradesh, is done in the case of the petitioner, if not already done, expeditiously, preferably within a period of ten days, enabling him to join at the transferred station. Pending applications, if any, also stand
disposed of. p
(Sandeep Sharma),
Judge June 02,2025 (shankar)