High CourtsSingle Bench(2023) 09 SHI CK 0035

Rajneesh Koundal vs State Of H.P. & Anr

High Court Of Himachal Pradesh · Decided on 15 September 2023

HON’BLE JUDGES
Jyotsna Rewal Dua, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 6460 Of 2023

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Judgment

6 paragraphs · 267 words

Jyotsna Rewal Dua , J

1.

Notice. Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

2.

Heard. The petitioner is serving as Lecturer (Senior New) Mathematics and belongs to State Cadre. He has assailed office order dated 31.08.2023 (Annexure P-1). In terms of this order, the petitioner has been transferred from Government Senior Secondary School Jambal (Kangra) to Government Senior Secondary School Nankhari (Shimla).

3.

The transfer has been assailed primarily on the ground that it has been ordered allegedly on the basis of U.O. Note. Another point highlighted is that petitioner’s wife is also serving as teacher at Government Middle School Bassi, Tehsil Dadsiba, Kangra, H.P. and statedly suffering from depression and under treatment from Dr. Rajinder Prasad Government Medical College and Hospital Tanda.

4.

The writ petition is silent about incumbency position of the petitioner at the present place of posting. On query of the Court, learned counsel for the petitioner submitted that the petitioner was posted at the present station in the year 2017. He, thus, has completed 6 years at the present place of posting. That being so, his transfer from the present place cannot be faulted.

5.

In view of above, no case for interference with the impugned order is called for. Accordingly, the present petition is dismissed. It shall however be open for the petitioner to represent to the competent authority projecting his difficulties and for the competent authority to decide the same in accordance with law and applicable transfer policy. Pending miscellaneous application(s), if any, shall also stand disposed of.