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2025 DAILYLAW 38791 (HP)

PARVEEN KUMAR v. THE STATE OF HP AND OTHERS

CWP/17686/2025 · 2025-11-14

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17686 of 2025 Decided on: 14th November, 2025 ------------------------------------------------------------------------- Parveen Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Balak Ram Dhiman, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. It is the case of the petitioner that he is serving as Trained Graduate Teacher (TGT) in respondent- Education Department. He has been commended by the Department for the results produced by him as also by the previous School Management Committee, Government Middle School, Bari Chahajoli U/C Government Senior Secondary School, Dangar, District 1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Bilaspur, H.P. 3. Petitioner was transferred from Government Middle School, Bari Chahajoli to Government High School, Mashrain U/C Government Senior Secondary School, Tharoch, District Shimla on 28.10.2025 (Annexure P-1). Petitioner has complied with present order. His case, however, is that he faces certain adverse family circumstances in as much as his only son is bed ridden and suffering from Muscular Atrophy an incurable & progressive disease; Petitioner’s son disability stood at 75% in the year 2010. In view of those family circumstances, he is finding it difficult to discharge his domestic & family responsibilities alongside his duties at the present station. He therefore, preferred a representation dated 06.11.2025 (Annexure P-7) through proper channel, for his transfer to a school nearby his native place. Thus prayer was made in view of following clauses 5.6 of the transfer policy:- Sub-para 5.6: Concession to officials having differently abled dependents: The Government employee who has disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints, as far as possible. The word “disabled” includes (i) blindness or low vision (ii) hearing impairment (iii) locomotors disability or 3 Cerebral Palsy (iv) mental illness and (vii) multiple disabilities.” 4. Petitioner’s grievance is that his aforesaid representation was though forwarded by respondent No.3 to respondent No.1, however, it has not been considered and decided by the competent authority. 5. Looking into the grievance of the petitioner, it is deemed appropriate to direct respondent No.1/Competent Authority to consider the representation of the petitioner dated 06.11.2025 (Annexure P-7) within two weeks in accordance with law, keeping in view the facts outlined by him and the applicable clauses of transfer policy including clause 5.6. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua November 14, 2025 Judge yogesh