Himachal Pradesh High Court
CWP/4171/2019 of RAKESH SHARMA Vs STATE OF HP AND OTHERS on 31 December 2019
COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4171 of 2019 Decided on: 31.12.2019 Rakesh Sharma ...Petitioner Versus State of H.P. & others Respondents Coram The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge Whether approved for
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4171 of 2019
Decided on: 31.12.2019
State of H.P. & others
Respondents
Jyotsna Rewal Dua, Judge (Oral)
The challenge in this writ petition is to the order dated05.12.2019 (Annexure P-1), whereby the petitioner, a TGT (Non-medical), has been transferred from Government Middle School,Ladiana Sadiyana under complex Government High School,Sasan, Hamirpur to Government Senior Secondary School,TourKhola, Mandi.
2. The impugned order has been challenged on thegrounds:- (i) the petitioner has not yet completed his normaltenure at the present place of posting i.e. Government MiddleSchool, Ladiana Sadiyana, where he was posted in April 2017; (ii)
the wife of the petitioner is also serving as JBT and is presentlyposted at Government Primary School, Bhumpal, District,Hamirpur, therefore, as a couple case, an effort is required to bemade by the respondent-department to post the petitioner and hiswife at the same station; and (iii) the son of the petitioner ispresently studying in 8[th] standard in Him Academy Public School,Hamirpur and his final examination is scheduled in the month ofMarch 2020.
3. It is seen from the record that the petitioner has beentransferred to accommodate one Mr.Sandeepak Guleria TGT(Non-medical), who was serving at Government SeniorSecondary School, Tour Khola, Mandi. In fact, Mr.SandeepakGuleria, the petitioner in CWP No.4078 of 2019, while in service,met with an accident and suffered 80% permanent disability onaccount of imputation of his right leg. Due to the medicalcondition of the petitioner Mr.Sandeepak Guleria in CWP No.4078of 2019, the present petitioner has to be transferred outsideGovernment Middle School, Ladiana Sadiyana.
4. However, in view of the circumstances pointed bylearned counsel for the petitioner as well as the fact that aresultant post of TGT (Non-medical) has fallen vacant inGovernment Middle School, Amned, under Complex Government Senior Secondary School, Tal, District Hamirpur, we deem itproper to permit the petitioner to make a representation torespondent No.2 for his transfer/adjustiment in the aforesaidschool, within a period of one week from today. On receipt ofsuch representation, respondent No.2/competent Authority shallconsider and take a conscious decision in the matter within aperiod of two weeks thereafter. In case, the post of TGT (Non-medical) is lying vacant in Government Middle School, Amnedunder Complex Government Senior Secondary School,Tal,District Hamirpur, the same be not filled up till the decision tobe taken on the representation of the petitioner.
5. With these observations, the writ petition is disposedof along with the pending application(s), if any. of along with the pending application(s), if any.
Copy dasti.
( L. Narayana Swamy), Chief Justice
December 31, 2019
( vt )
( Jyotsna Rewal Dua), Judge Judge