Murari Lal vs State Of H.P. Through Secretary (Education To The Government Of Himachal Pradesh And Others

Sandeep Sharma, J

Being aggrieved and dissatisfied with issuance of order dated 4.1.2022 (Annexure P-1), whereby petitioner has been ordered to be transferred from

the Government Centre Primary School Shankerdehra Education Block Seraj-I, Tehsil Thunag, District Mandi, H.P. to Government Centre Primary

School Parlog, Education Block, Karsog-1, Tehsil Karsog, District Mandi, H.P. petitioner has approached this court in the instant proceedings, filed

under Article 226 of the Constitution of India, praying therein for following main reliefs:

“i) that the impugned transfer order dated 04.01.2022 (Annexure P-1) qua the petitioner may kindly be quashed and set-aside.

ii) that the respondents may be directed to transfer/adjust the petitioner as per the transfer policy Clause 16.1 to the stations of his choice mentioned

below:

A GCPS Delag, Education Block Chacheot-I, district Mandi against vacancy,

B. GCPS Kharkan, Education Block, Karsog-I, District Mandi against vacancy,

C. GCPC Paddal Mandi, Education Block Mandi, District Mandi, against over stay,

D. GCPS U-Blok Education Block Bal Mandi, District Mandi, against over stay,

E. GCPS Chahal, Education block Sadar -II, District Mandi, agasitn vacancy.â€​

Though challenge to the aforesaid impugned order has been laid on the ground that impugned transfer has been effected on the basis of D.O. note,

but since there is no dispute that the petitioner herein has already completed normal tenure at present place of posting i.e GCPS Shankerdehra

Education Block Seraj, this court sees no reason to interfere with the transfer order, however taking note of the fact that father of the petitioner is 90

years old and there is none to take care of him, this Court deems it fit to dispose of the present petition with liberty reserved to the petitioner to file

representation, within a period of ten days, to the Director, Elementary Education, Government of Himachal Pradesh, requesting therein either to

cancel his transfer or to adjust him at nearby station so that he besides rendering his service is also able to take care of his father. Ordered

accordingly. On receipt of aforesaid representation, authority concerned after having afforded an opportunity of being heard to the petitioner would

dispose of the same sympathetically within four weeks. Till the time, representation, if any, filed by the petitioner, within the time stipulated by this

Court is not decided by the authority, he shall not be compelled to join at the transferred station. Present petition is disposed of in the aforesaid terms

alongwith pending applications, if any.