PANKAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is specially abled person suffering from a rare genetic disorder called "Haemophilia". He was appointed as Junior Basic Teacher (for short 'JBT') vide office order dated 10.05.2019 and posted at GPS, Farehar (Drang-II), District Mandi, H.P.

(2.) The petitioner is a resident of District Kangra and aggrieved by his order of posting at District Mandi, filed Original Application No.2033 of 2019 before the learned Administrative Tribunal. On 22.5.2019, the learned Tribunal disposed of the Original Application by passing the following directions: "However, in the peculiar facts and circumstances of the present case, particularly the illness with which the applicant is afflicted and the documents filed alongwith the original application, the applicant shall be at liberty to apply for inter-district transfer to the competent authority with prayer for relaxation of qualifying service for such transfer, who shall consider the same in accordance with the rules/law, sympathetically as expeditiously as possible, preferably within three months from the date of submission of the representation."

(3.) In compliance to the directions of the learned Tribunal, the petitioner preferred a detailed representation before the competent authority on 10.07.2019. However, the same was rejected by respondent No.2 vide order dated 20.09.2019 on the ground that in the transfer policy there was no provision for transfer of employees appointed on contractual basis. Furthermore, it was stated that the petitioner should have considered his disability prior to applying for appointment against the post of JBT in another District.