Extracted from the PDF above. The PDF is authoritative.
2025:HHC:3030 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP
No:
2275
of 2025
Decided on : 11
th February
, 2025
__________________________________________________________ Ishan Thakur
...Petitioner Versus State of HP & Ors. ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No. For the petitioner : Mr. Ajay Kumar Chauhan, Advocate. For the respondent : Mr. Vishal Panwar,
Additional Advocate
General. Ranjan Sharma, Judge [Oral] Heard. 2. The petitioner has filed the writ petition, with following prayers: i) That the respondents may kindly be directed to decide the representation dated 28.12.2024 i.e. Annexure P-2 within time bound manner in the interest of justice and fair play. ii) That the respondents may kindly be directed to transfer the petitioner from Govt Primary School Chaddi, Education Block Seraj-II District Mandi, Himachal Pradesh to one of these station i.e. (1) Govt. Centre Primary School, Banjaura, (2) Govt. Centre Primary School, Mohal, (3) Govt. Centre Primary 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
2025:HHC:3030 School, Tegubehar, (4) Govt. Centre Primary School, Dogadhar, (5) Govt. Centre Primary School, Bhindi, District Kullu, H.P. where the post of JBT is lying vacant till date under the 5% inter-District transfer quota as per transfer policy. 3. Case as set up by Mr. Ajay Kumar Chauhan, Learned Counsel for the petitioner is that the petitioner is a Junior Basic Teacher, posted in Government Primary School, Chaddi, Education Block Seraj-II, District Mandi, Himachal Pradesh and is seeking Inter-District Transfer as per the Inter-District Transfer Policy issued by the respondents in November, 2021 [Annexure P-1]. 4. Petitioner is stated to have made a representation on 28.12.2024 [Annexure P-2], which as per Learned counsel for the petitioner is still pending and has not been decided and no orders on the representation have been conveyed to the petitioner as yet. 5. Per contra, Learned State Counsel states that, in case, the representation dated 28.12.2024 [Annexure P-2] is still pending as yet, the same shall be 2
2025:HHC:3030 examined and appropriate orders in terms of Inter- District Transfer Policy shall be passed in accordance with law. 6.
Taking into account the entirety of facts and circumstances and leaving all questions open, this Court disposes of the instant writ petition with the following directions : (i) Respondent No. 2-Director, Elementary Education Shimla, Himachal Pradesh is directed to examine the representation dated 28.12.2024 [Annexure P-2], in light of Inter- District Transfer Policy dated November, 2021 [Annexure P-1], after affording a personal hearing to the petitioner within four weeks from today; (ii). In case the representation dated 28.12.2024 [Annexure P-2] stands already decided as on date, the order passed on the representation be conveyed to the petitioner, within above period; (iii). Petitioner is free to make additional representation, for transfer, which shall be examined/considered by passing appropriate orders in accordance with law, within the same period. In aforesaid terms, the instant petition and all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) February 11, 2025 Vacation Judge (Vriti) 3