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Judgment
Vivek Singh Thakur, J
CMP No.1455 of 2021
Allowed and disposed of.
CWP No.792 of 2021
Notice. Mr. Yudhvir Singh Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents and
seeks time to file reply.
Petitioner is serving as Drawing Master at GSSS Shakrah, District Shimla, which is a post of District cadre. The present petition has been filed
seeking a direction to the respondents to transfer him from District Shimla for his inter-district transfer to District Bilaspur under 3% quota, meant for
such inter-district transfers, by considering his representation dated 02.01.2021 (Annexure P-7).
In view of order proposed to be passed hereinafter, no reply/response on behalf of the respondents is necessary to be called for.
Considering the nature and prayer made hereinabove, the present petition is disposed of with a direction to respondent No.2, the Director,
Elementary Education, Himachal Pradesh, to consider the request/ representation of petitioner on or before 20.03.2021, after giving him an opportunity
of personal hearing, if desired so, by passing a speaking and reasoned order.
At this stage, learned Deputy Advocate General has pointed out that representation dated 02.01.2021 (Annexure P-7) has been addressed to
respondent No.3, Deputy Director, Elementary Education, Shimla, whereas the decision is to be taken by respondent No.2, the Director, Elementary
Education, Himachal Pradesh. Being so, the petitioner is at liberty to file a fresh detailed representation before respondent No.2, on or before
25.02.2021 and respondent No.2, on receipt of such representation, shall decide the same as directed hereinabove, within a stipulated period.
Pending miscellaneous application(s), if any, shall also stand disposed of.
Copy dasti.