SATYAWAN Vs. STATE OF H P AND ANR

JUDGEMENT

(1.) The petitioner is aggrieved by Annexure P-1, order of transfer, whereby he has been transferred from W/S Dodra Kawar to W/S Tikkar. The petitioner is in Dodra Kawar for the last three months. It is true that he belongs to that place. But it is submitted that he has an aged and sickly mother, who is suffering from brain tumor and requires treatment at IGMC, Shimla and the petitioner is only one available to take her for treatment. We also find that the person, who has been posted at the place of the petitioner is a promotee. If it is a case of promotion, it will certainly be open to the second respondent to consider whether the promotee can be accommodated at Tikkar without disturbing the petitioner, in view of the peculiar circumstances, referred to above. It may not also be out of context to refer one more contention regarding the likelihood of disturbance of educational prospects of the children of the petitioner. The petitioner may point out all these aspects before the second respondent within three weeks from today, in which case the second respondent will consider the same, adverting to the submissions made in the representation and pass appropriate orders thereon in accordance with law and justice within another one month. Till orders are passed, interim order will continue.

(2.) The writ petition is disposed of, so also the pending applications, if any.

(3.) Dasti copy.