2025:HHC:3032 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2105 of 2025 Decided on: 11th February, 2025 __________________________________________________________ Dinesh Kumar ....Petitioner Versus State of Himachal Pradesh & Ors. ….Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No For the petitioner : Mr. Surinder Prakash Sharma, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Ranjan Sharma, Judge (Oral) Petitioner has come up before this Court seeking the following reliefs: (i) That writ of mandamus may kindly be also issued, directing the respondents to decide the representation [Annexure P-2] of the petitioner within a time bound manner and to transfer him from the present place of posting to Government High School Siyur, Education Block, Bharmour, Tehsil Holi, District Chamba, H.P. on medical ground. 2. Case as set up by Learned Counsel is that 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:3032 - 2 - the petitioner is serving as Trained Graduate Teacher (Sanskrit), in Government Senior Secondary School, Manhuta, Tehsil Sihunta, District Chamba, (H.P.) since October 2021 till day. Since the father of petitioner is suffering from 80% permanent disability, as per Disability Certificate dated 04.10.2023 [Annexure P-1], therefore, in view of these extenuating circumstances, the petitioner submitted a representation which was forwarded on 12.08.2024 [Annexure P-3] to Respondent No.3 requesting for transfer to Government High School, Siyur, Education Block, Bharmour, Tehsil Holi, District Chamba, (H.P.) but, no action has been taken on the representation as yet. 3. Per contra, Learned State Counsel submits that though the representation of the petitioner has been forwarded by the Principal concerned to the Deputy Director of Elementary Education, Chamba on 12.08.2024 [Annexure P-3] but in view of the peculiar facts of this case, it would be appropriate, in case, a 2025:HHC:3032 - 3 - direction is issued to Respondent No.2 and Director of Elementary Education, Himachal Pradesh to examine the representation and pass appropriate orders in accordance with law. 4. Even the Learned Counsel for petitioner submits that he shall be satisfied, in case, the Respondent No.2-Director of Elementary Education is directed to examine the representation and pass appropriate orders thereon, as the post of Trained Graduate Teacher (Sanskrit), in Government High School Siyur, Education Block, Bharmour, Tehsil Holi, District Chamba, (H.P.) is still vacant as on date. 5. Taking into account the entirety of the facts and circumstances, this Court disposes of the instant petition, with the following directions: (i) Respondent No.2- Director Elementary Education, Himachal Pradesh is directed to examine the representation dated 12.08.2024 [Annexure P-3], and then to pass appropriate orders in accordance with law after affording a personal hearing to the petitioner, within three weeks from today; 2025:HHC:3032 - 4 - (ii) Petitioner is permitted to make additional representation to Respondent No.2- Director of Elementary Education, for considering his case for adjustment at another convenient station [in addition to Government High School Siyur, as in [Annexure P-3], in view of the disability of his father; which shall be examined and appropriate orders be passed thereon, sympathetically, within the same period; (iii) Parties to bear their respective costs. In aforesaid terms, the instant writ petition and all pending application(s), if any, shall stand disposed of. (Ranjan Sharma) Vacation Judge February 11, 2025 [Rupsi]