Shakti Prashad vs Himachal Pradesh Board Of School Of Education Dharamshala And Others

Sabina, J

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-

“i). That writ of mandamus may kindly be issued, directing the respondents to decide the representations dated 07.03.2022 & 17.03.2022 (Annexure P-2 & P-3) of the petitioner and to issue the transfer order of the petitioner within a time bound period from the present place of posting i.e. H.P. Board of School Education Dharamshala, District Kangra, H.P. to Book Distribution Centre Chamba, H.P., against vacancy.”

Learned counsel for the petitioner has submitted that presently the petitioner is posted as Section Officer in Himachal Pradesh Board of School Education, Dharamshala, District Kangra, H.P. Wife of the petitioner is working as Junior Basic Trained Teacher at Government Primary School Bagori, Education Block Kiani, District Chamba. Petitioner had moved representations for his transfer to Book Distribution Centre, Chamba as a vacancy is lying there on account of retirement of District Manager on 28.02.2022.

As per clause 5.4 of the transfer policy dated 10th July, 2013, in case wife and husband both are working under the State Government, efforts should be made to post them at one place or near places as far as possible, subject to vacancy. However, the representations (Annexures P2 & P-3), moved by the petitioner in this regard to respondent No.2, have not been disposed of so far.

Accordingly, without adverting to the merits of the case, we deem it appropriate to dispose of the writ petition with a direction to respondent No.2 to dispose of the representations (Annexures P-2 & P-3), moved by the petitioner, expeditiously, in accordance with law, preferably within two weeks, from the date of receipt of the copy of this order.

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