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2025 DAILYLAW 6857 (HP)

VIKRAM SINGH CHANDEL v. STATE OF HP AND ANOTHER

CWP/2316/2025 · 2025-02-14

Ranjan Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2316 of 2025 Decided on: 14.02.2025 Vikram Singh Chandel ...Petitioner Versus State of Himachal Pradesh & another ...Respondents Coram: HON'BLE MR. JUSTICE RANJAN SHARMA, VACATION JUDGE WHETHER APPROVED FOR REPORTING? No. For the petitioner : Mr. Subhash Mohan Snehi, Advocate. For the respondents : Mr. Vishal Panwar, Additional Advocate General. Ranjan Sharma, Judge Heard. Notice. Mr. Vishal Panwar, Additional Advocate General waives notice. In view of the nature of the order sought to be passed no reply is intended to be filed in the instant case by the Learned State Counsel. 2. Petitioner has come up before this Court seeking the following relief(s):- 2 (i) That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and the respondent department may kindly be directed to post the petitioner at one of the station of his choice in his home district i.e. Hamirpur, keeping in view his pending retirement on 31.08.2026. 3. Grievance of the petitioner is that Petitioner [Vikram Singh Chanel] presently serving as Lecturer Economics in Government Senior Secondary School, Balakrupi, District Kangra [H P] has come up with the limited prayer that the petitioner is due for superannuation on attaining the age of 58 on 31.08.2026 and he has made a representation to Respondent No.2 Director, Higher Education, Shimla on 19.12.2024 [Annexure P-1], requesting for a transfer/adjustment to any nearby station, from his home in District Hamirpur and his representation was forwarded by Principal, GSSS, Balakrupi to higher authorities on 19.12.2024 [Annexure P-2], and the same is stated to be pending, as yet. 4. Learned Counsel for petitioner, on instructions, states that petitioner shall be satisfied, in case, the Respondent No.2 - Director of Higher Education, Himachal 3 Pradesh, Shimla is directed to consider the request of the petitioner for transfer as contained in the representation dated 19.12.2024 [Annexure P-1] and petitioner may be permitted to make an additional representation, so as to enable the respondents to consider his case for posting at convenient station of choice in view of intended retirement in August, 2026 in terms of Clause 5.5 of the existing Transfer Policy and the disability of his wife as per averments in Para 5(C) and the representation; coupled with the fact that one post of Lecturer in Economics is vacant in GSSS Uhal (Tauni Devi) as per averments in Para 5(G) of the writ petition. [Statement of Learned Counsel Taken on Record]. 5. Prayer made by the Learned Counsel for petitioner being innocuous, is not opposed by Learned State Counsel except to the extent that the representation dated 19.12.2024 [Annexure P-1] and additional representation if submitted shall be examined by Respondents-competent Authority in accordance with law. 6. Taking into account the entirety of the facts and circumstances and the statement of Learned Counsel for 4 petitioner; this Court disposes of the instant petitioner in following terms: (i). State Authorities – Respondent No.2 - Director of Higher Education, Himachal Pradesh, is directed to examine the representation dated 19.12.2024 (Annexure P-1) [if not already decided] and the additional representation [if submitted hereinafter] in accordance with Existing Transfer Policy and the Law, within two weeks from today; (ii) Respondent No.2 shall afford a personal hearing to the petitioner before complying with the Direction (i) above; (iii) Needless to say that this Court has not adverted to merits of the matter, which are left open; (iv). Parties to bear respective costs. In aforesaid terms, the instant writ petition as well as the pending miscellaneous application(s), if any, also stand disposed of. (Ranjan Sharma) Vacation Judge February 14, 2025 (tm)