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2025 DAILYLAW 17026 (HP)

YOG RAJ v. THE STATE OF HP AND OTHERS

CWP/9640/2025 · 2025-06-11

Ranjan Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 9640 of 2025 Announced on: 11.06.2025 ____________________________________________________________ Yog Raj …Petitioner Versus State of Himachal Pradesh & Ors. …Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Vacation Judge 1 Whether approved for reporting? For the petitioner: Mr. Narender Singh Thakur, Advocate. For the respondents: Mr. Arsh Rattan, Deputy Advocate General. Ranjan Sharma, Judge Petitioner, Yog Raj, has come up before this Court seeking the following reliefs:- (i) That any appropriate writ/order or direction in the nature of certiorari may kindly be issued and the Impugned transfer Order dated 09.05.2025 i.e. Annexure P-1 and corrigendum dated 4.6.2025 Annexure P-2 may kindly be quashed and set-aside. (ii). That any appropriate writ/order or direction in the nature of mandamus may kindly be issued and the respondents may be directed to allow the petitioner to continue at GSSS Salooni, District Chamba, H.P. or he may be adjusted against vacant post against respondent No.3 or against vacant post of TGT (A) at GMS Sunri 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - U/C GSSS Kihar, GHS Dhutta U/C Diur and GMS Andwas U/C Lagra District Chamba as per the transfer policy in the interest of justice and fair play. 2. Heard for some time. 3. Notice. Mr. Arsh Rattan, Learned Deputy Advocate General, waives service of notice, on behalf of Respondents No. 1 and 2. 4. No notice be issued to Respondent No.3, in view of the nature of the order sought to be passed in these proceedings. 5. Learned Counsel states that the petitioner had made a representation to Respondent No.2-Director of Elementary Education, Himachal Pradesh [Annexure P-3], praying for cancellation/adjustment in view of hardships. Learned Counsel, on Instructions, states that the petitioner shall be satisfied, in case, the Respondent No.2 Director of Elementary Education, Himachal Pradesh, is directed to examine the representation and pass appropriate orders in the matter. 6. Prayer of the petitioner being innocuous, is not opposed, by Learned State Counsel also. 7. Taking into account the entirety of facts and - 3 - circumstances of the case, this Court disposes of the instant petition in the following directions: (i). State Authorities, including Respondent No.2- Director of Elementary Education, Himachal Pradesh is directed to examine/consider the representation [Annexure P-3] submitted against Impugned orders dated 9.5.2025 [Annexure P-1] transferring him as TGT [Arts} from GSSS Salooni (CBA) to GSSS Devi Kothi after hearing the petitioner as well as Respondent No.3 and then to pass appropriate orders in terms of Transfer Policy in accordance with law, on or before 25th June, 2025. 8. On query, Learned Counsel for petitioner states that private respondent has joined in place of the petitioner. In these circumstances, the prayer for staying the Impugned order, cannot be acceded to and is declined. However, it is clarified that till the decision of the representation, the Respondents, shall not compel the petitioner to join the transferred station and the petitioner shall be free to avail leave of kind due. In aforesaid terms, the petition is disposed of and all pending application(s), if any, shall also stand disposed of. (Ranjan Sharma) 11th June, 2025 Vacation Judge (tm)