Virender Singh vs State Of H.P And Others

Mohammad Rafiq, CJ

This writ petition has been filed by Virender Singh petitioner, who was initially appointed as Shastri on PTA basis in Government Middle School Gue, under complex Government Senior Secondary School Tabo, District Lahaul-Spiti, H.P., in the year 2006. His services were brought on contract basis on 7.1.2015 and ultimately his services were regularized vide order dated 19.8.2020.

It is contended that the respondents issued instructions on 17.1.2019, whereby inter-district transfer of JBT and C&V Teacher working under Education Department has been changed from 1% to 3%. Services, which they have rendered, on ad-hoc/tenure/contract/ Gramin Vidya Upasak/ NTT/Para Teacher basis before their regularization have been ordered to be counted in 13 years. It is also contended that the petitioner ever since his initial appointment in 2006, has been continuing to work in the same school, which is in tribal area. He has completed 15 years of service in the tribal area. The petitioner thereafter made a representation to respondent No.2-Director Elementary Education, Himachal Pradesh, Lalpani Shimla for his transfer to one of the schools mentioned in the representation in District Kullu.

Learned Additional Advocate General submits that the petitioner, as per the policy is required, to give options of five stations of his choice, atleast in two districts.

Having regard to the submissions made, but without commenting on the merits of the case, we require the petitioner to make a fresh representation to respondent No.2-Director Elementary Education, Himachal Pradesh, Shimla by giving options of five stations of his choice, within a week, who shall, in the light of the transfer policy, pass appropriate orders on his representation, within one month from the date of submissions of a copy of this order before him.

With the aforesaid observations, the writ petition is disposed of, so also the pending application(s), if any.

Copy Dasti.