Dr. Amit Kumar v. State Of Himachal Pradesh And Others

Notice of motion to respondent No. 1 only, at this stage. Mr. Nand Lal Thakur, learned Additional Advocate

Notice of motion to respondent No. 1 only, at this stage. Mr. Nand Lal Thakur, learned Additional Advocate 1 Whether reporters of the local papers may be allowed to see the judgment? rt o General, accepts notice on behalf of the said respondent. It is not necessary to call upon other respondents as no effective direction is being issued to them.

2. The instant writ petition has arisen out of an order passed by Himachal Pradesh Administrative Tribunal in a transfer matter. The petitioner is working as Assistant Professor in Botany and admittedly, he has served for more than nine years at Government College Nadaun, District Hamirpur. He has now been transferred to Government College Dharampur, District Mandi. The Competent Authority turned down the petitioner's representation vide order dated 30th March, 2019 observing, inter alia, that having served at one place for more than nine years, the petitioner cannot be heard to make grievance against his transfer. We fully concur with the view taken by the Competent Authority.

3. Faced with this, learned counsel for the petitioner states that there is a vacant post of Assistant rt o Professor (Botany) in Government College Dhaliara, District Kangra and that he may be adjusted against that post.

4. Let the petitioner make a representation to the Competent Authority for his adjustment against the above stated vacant post, if available. The Principal Secretary, Department of Education is directed to consider such representation sympathetically and decide the same within one week.

5. With these directions, the writ petition is disposed of so also the pending miscellaneous applications, if any. (Surya Kant) Chief Justice (Sandeep Sharma) Judge April 04, 2019 ( rajni )