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High Court of Himachal Pradesh · body

2025 DAILYLAW 19047 (HP)

SHAMSHER SINGH v. THE STATE OF HP AND OTHERS

CWP/10644/2025 · 2025-07-04

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10644 of 2025 Decided on: 4th July, 2025 _________________________________________________________________ Shamsher Singh ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. C.D. Negi, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N.Sharma, learned Additional Advocate General, accepts service of notice on behalf of the respondents. 2. Petitioner is presently serving as Head Master in GPS Dakho, Tehsil Kalpa, District Kinnaur. He was promoted to the post of Head Teacher on 22.02.2024 and accordingly, joined at the aforesaid station, where he was posted consequent to his promotion. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 3. Petitioner’s case is that he is physically disabled, suffering from locomotor impairment up to 60%. After joining at GPS Dakho, Kalpa, District Kinnaur, he became aware of the fact that to reach the school, one has to travel on foot by crossing more than 200 stairs. His locomotor disability, makes it very difficult for him to reach the school. His further case is that he has got less than two years for his superannuation. Learned counsel for the petitioner also submits that petitioner’s wife is also serving in the Education Department, therefore, being a couple case, Clause 5.4 of the Applicable Transfer Policy is also attracted to their case. With the above circumstances faced by the petitioners, he preferred representation dated 10.03.2025 (Annexure P-3) to respondent No.2, however, the same has not been decided by the competent authority till date. 4. Looking to the grievances raised by the petitioner in his representation dated 10.03.2025 (Annexure P-3), respondent No.2 is directed to take a call for suitable adjustment of the petitioner and decide the aforesaid representation of the petitioner taking into consideration the circumstances highlighted by the petitioner, in accordance - 3 - with law and applicable policy, within a period of two weeks from today. The decision so taken be also communicated to the petitioner. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge July 4, 2025 R.Atal