High CourtsSingle Bench(2024) 03 SHI CK 0024

Dinesh Thakur vs State Of H.P. And Ors

High Court Of Himachal Pradesh · Decided on 11 March 2024

HON’BLE JUDGES
Satyen Vaidya, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 1770 Of 2024

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Judgment

7 paragraphs · 231 words

Satyen Vaidya, J

1.

Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2.

By way of instant petition, a direction has been sought against respondent No. 2, to consider and decide the request of the petitioner for being transferred to and posted at station of his choice after serving tribal area for more than requisite period.

3.

Petitioner has already completed two winters and three summers in tribal area as he is posted as Junior Engineer, Chenab Valley Division of the Department at Udaipur, Lahul Spiti.

4.

The “Comprehensive Guiding Principles”-2013-for regulating the transfer of State Government employees, provide for concession that an employee can be posted at a station of his choice after serving tribal area for requisite period. Petitioner has made his representation through proper channel, however, the same has not been decided. In view of the aforesaid concession available to the petitioner under the “Comprehensive Guiding Principles”-2013-for regulating the transfer of State Government employees, his representation needs to be decided on priority.

5.

Accordingly, the petition is allowed. Respondent No. 2 is directed to consider and decide the representation of the petitioner within three weeks from today by passing a detailed and reasoned order, strictly in terms of the “Comprehensive Guiding Principles”-2013.

6.

The petition, is accordingly, disposed of, so also the pending miscellaneous application(s), if any.