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2025 DAILYLAW 6868 (HP)

MULAKH RAJ v. STATE OF HP AND ORS

CWP/2339/2025 · 2025-02-14

Ranjan Sharma

body2025

Judgment text

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( 2025:HHC:3040 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2339 of 2025 Decided on: 14.02.2025 Mulakh Raj ...Petitioner Versus State of Himachal Pradesh & Others ...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. 2. Mr. Vishal Panwar, Learned Additional Advocate General appears and waives service of notice on behalf of the respondents-State. 3. The petitioner has filed the writ petition with the following prayer:- (i) That the respondents may kindly be directed to decide the representation dated 24.12.2024 i.e. Annexure P-2 ( 2025:HHC:3040 ) within time bound manner and further be directed to adjust the petitioner at GSSS Baggi Tehsil Balh, District Mandi where the post of Lecturer Hindi is going to be vacant due to superannuation of the incumbents on 28.02.2025 due to his adverse family circumstance in the interest of justice and fair play.” 4. In the background of the relief(s) claimed, Learned Counsel for petitioner, on Instructions, states that the petitioner shall be satisfied in case, the respondents -State Authorities are directed to examine the representation dated 24.12.2024 [Annexure P-2], requesting for his transfer to any of the convenient stations, as mentioned in the representation submitted to Director of Higher Education, Shimla (H.P.) which is stated to be pending adjudication. 5. Learned State Counsel does not opposes the prayer, except to the extent, that the representation dated 24.12.2024 [Annexure P-2], shall be examined and appropriate orders shall be passed, subject to administrative exigencies; feasibility and need, in accordance with law. 6. Taking into account the entirety of the facts and circumstances and with the consent of Learned Counsels for ( 2025:HHC:3040 ) the parties herein, this Court disposes of the instant writ petition, at this stage, leaving all questions open, with the following directions:- (i). Respondent No.2- Director of Higher Education Shimla shall examine representation dated 24.12.2024 [Annexure P-2] and shall pass appropriate orders thereon, in accordance with law, after affording personal hearing to petitioner within three weeks from today; (ii). Needless to say, that this Court had not averted to the merits and rival claim in contentions in this case which are left upon for the authorities to be considered and examined in accordance with law. 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 (Shamsh Tabrez)