High CourtsDivision Bench(2021) 10 SHI CK 0076

Urender Singh vs State Of Himachal Pradesh Through Its Secretary (Education) Shimla And Others

High Court Of Himachal Pradesh · Decided on 27 October 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
CASE NUMBER
Civil Writ Petition No. 6696 Of 2021

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Judgment

8 paragraphs · 234 words

Tarlok Singh Chauhan, J

1.

Notice. Mr. Ashwani Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2.

Aggrieved by the order of transfer, the petitioner has filed the instant petition for the grant of following substantive relief:

"that the impugned transfer order dated 22.10.2021 (Annexure P-2) may very kindly be quashed and set aside and respondents be directed to allow the petitioner to work continuously at the present place of posting i.e. Govt. Sr. Sec. School, Shillai, District Sirmour, H.P."

3.

It would be noticed that the transfer of the petitioner has been effected in compliance to the order dated 19.1.2021 passed by this Court in CWP No. 6475/2021, titled as Shyama Devi vs. State of H.P. & ors. Therefore, no exception can be taken to such transfer.

4.

Learned counsel for the petitioner would submit that being a couple case, his case was required to be considered sympathetically and in accordance with clause 5.4 of the Comprehensive Guiding Principles-2013 for regulating the transfers of the State Government employees.

5.

We find merit in this contention.

6.

Accordingly, we dispose of the instant petition by directing the respondents to consider the case of the petitioner for transfer, in accordance with clause 5.4 of the aforesaid Comprehensive Guiding Principles-2013, as a couple case, within a period of four weeks. Pending application(s), if any, also stands disposed of.