Rajesh Kamal vs State Of Himachal Pradesh And Another

Tarlok Singh Chauhan, J

The instant petition has been filed by the petitioner for the grant of following substantive relief:

(1) That this writ petition may very kindly be allowed and writ in the nature of mandamus may be issued and the petitioner be transferred against the likely vacancy in the interest of justice and fair play.

From the pleadings, it appear that the wife of the petitioner has died about seven months back and his son is 100% handicapped, that apart, the petitioner has to look-after his 70 years old mother. In such circumstances, we really feel that it is difficult for him to serve at the station where he has been transferred, more particularly, when there is no one to look after his family i.e. mother and son.

We are fully aware of the limitations that have been imposed by law for considering and deciding such like cases as it is more than settled that the Courts are extremely slow to interfere directly in personal hardship cases, the clear implication of the almost consistent directions given in the cases are that the transferee could make a representation to the competent authority.

Reference in this regard can conveniently be made to a judgment of the Hon’ble Supreme Court in Rajendra Roy vs. Union of India and another (1993) 1 SCC 148, wherein it was observed as under:

“7….. The appellant has not made any representation about personal hardship to the department. As such, there was no occasion for the department to consider such representation. This appeal, therefore, fails and is dismissed, but we make no order as to costs. It is, however, made clear that the appellant will be free to make representation to the concerned department about personal hardship, if any, being suffered by the appellant in view of the impugned order. It is reasonable expected that if such representation is made, the same should be considered by the department as expeditiously as practicable.”

Consequently, the present writ petition is disposed of with a direction to respondent No.2 to consider the instant case as a representation and decide the same sympathetically within three weeks from today.

At this stage, it is represented by learned counsel for the petitioner that there is one post of TGT (Arts) lying vacant at Govt. High School, Nalyana, thus, the respondents may consider the case of the petitioner for his posting on the aforesaid station.

Pending application(s), if any, also stands disposed of.

For compliance, list on 14.06.2021.

Copy dasti.