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Judgment
Satyen Vaidya, J
Petitioner has assailed office order dated 09.04.2024 (Annexure P-1), whereby he has been ordered to be transferred from Govt. High School, Harer (Baijnath), District Kangra, H.P. to Govt. Sen. Sec. School, Shansha (Keylong), District Lahul & Spiti, H.P.
The grievance of the petitioner is that the impugned transfer order has been issued during continuance of Model Code of Conduct without concurrence of respondent No. 4. The ground, so raised, by the petitioner is not sustainable for the reason that the impugned order of transfer is a result of an order passed by this Court in CWP No. 525 of 2024 and thus, the Model Code of Conduct may not be an impediment in implementation of the Court’s order.
Learned counsel for respondent No. 4 has placed on record a communication, which reveals that the petitioner has already been appointed as Nodal Officer for Model Polling Station to be set up in 20- Baijnath Assembly Constituency and as such, his services are required for conduct of election by respondent No. 4.
In view of the stand taken by respondent No. 4, the petition is disposed of with the observation that though the petitioner has not been able to make out any case for interference with the impugned order of transfer by this Court in exercise of jurisdiction under Article 226 of the Constitution of India, yet the petitioner shall not be relieved in pursuance of impugned transfer order without prior concurrence of respondent No. 4.
At this stage, learned counsel for the petitioner submits that he may be permitted to make a representation to the competent authority. Making of representation is the choice of an employee and its for the employer to decide the same. The Court cannot make any comment on such prayer.
Pending miscellaneous application(s), if any, shall also stand disposed of.