2025:HHC:3450 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2555 of 2025 Date of Decision: 25.02.2025 _______________________________________________________ Amit Kumar Dhillon …….Petitioner Versus State of Himachal Pradesh & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Mandeep Chandel, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Since prayer made on behalf of the petitioner, who at present is working as JBT on regular basis at Government Primary School, Talara, Education Block Chowari, District Chamba, for mutual transfer, is still pending consideration before the competent authority and no decision is being taken, he is compelled to approach this Court in the instant proceedings, praying therein for the following main relief:- “(i) That a writ of mandamus may kindly be issued, directing respondent No. 2 to decide the representation of the petitioner within a time bound period and to transfer the petitioner from the present place of posting i.e. Government Primary School, Talara, Education Block Chowari, District Chamba, to Government Centre 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Primary (Model) School, Una, Education Block Una, District Una, on a mutual basis against respondent No. 5 under the 5% quota, as per the provisions of the policies/instructions dated 20.11.2021 formulated by the Government of Himachal Pradesh.” 2. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by learned Additional Advocate General, who fairly states that pending request, if any, for mutual transfer shall be decided expeditiously. 3. Having perused averments contained in the petition, which are duly supported with an affidavit as well as documents annexed therewith, this Court finds that at present petitioner is working as JBT on regular basis at Government Primary School, Talara, Education Block Chowari, District Chamba, for the last four years and six months. Since he has completed normal tenure of posting at present place of posting, he filed representation dated 07.01.2025 (Annexure P-4) to the Director Elementary Education, Lal Pani, Shimla, Himachal Pradesh, praying therein for inter district mutual transfer under 5% quota. Vide aforesaid representation, petitioner herein has prayed that he be transferred against the post at present filled up by Mr. Lal Chand, who at present is serving as JBT in 3 Government Center Primary (Model) School, Una, Education Block Una, District Una, Himachal Pradesh. 4. Careful perusal of communication dated 07.01.2025 (Annexure P-4) reveals that Deputy Director Elementary Education, Chamba, District Chamba, though recommended the case of the petitioner for inter district mutual transfer against above named Mr. Lal Chand, but till date no final decision has been taken by the competent authority i.e. Director of Elementary Education. Since, it is not in dispute that there is a provision for inter district mutual transfer under 5% quota, coupled with the fact that person namely Lal Chand, who at present is serving as JBT in Government Center Primary (Model) School, Una, Education Block Una, District Una, Himachal Pradesh, has no objection for mutual transfer, this Court sees no impediment in accepting prayer made in the instant petition, inasmuch as directing the competent authority to decide the pending representation of the petitioner in a time bound manner. 3. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the Director, Elementary Education, Himachal Pradesh, to consider and decide the pending representation dated 07.01.2025 filed by the petitioner, taking note of communication dated 27.01.2025 issued under the signatures of Dy. Director 4 Elementary Education, Chamba, District Chamba, thereby recommending the case of the petitioner, expeditiously preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge February 25, 2025 (Sunil)