Vinay Kumar vs State Of H.P And Ors

Sureshwar Thakur, J

Heard. Since the writ petitioner prays for a writ of mandamus being directed against the respondents concerned, for his being posted at a particular

place, thereupon, the afore writ cannot be granted, at this stage, as this Court lacks jurisdiction, to order any public servant or public official, being

posted at any particular place of his/her choice, especially given the afore power being vested in the executive. However, after the exercise of the

apposite discretion by the executive, hence to, post a public official or a public servant at a particular place, the aggrieved thereagainst, do hold, a, right

to approach the Court, and, pray for, the executives’ decision being judicially reviewed by the writ court. In the afore background the extant writ

petition is premature, as the apposite discretion, hence, has yet remained unexercised by the respondents concerned, and, as such it is dismissed, as,

being not maintainable. However, the writ petitioner is at liberty to make a representation to the respondent concerned, for his being posted at a place

of his choice, and, upon, the afore representation being made by the petitioner, the respondent concerned, shall decide it, within four weeks from its

receipt, and, after affording an opportunity of personal hearing, to, the petitioner. Till then the respondents are directed to maintain status quo qua the

place of posting of the petitioner. All pending applications stand disposed of.

Copy dasti.