DEVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is a veterinary pharmacist, he feels aggrieved by his transfer order dated 26.6.2012 whereby he stands transferred from Veterinary Dispensary Bharari Shimla to Veterinary Dispensary Dhar Shimla and adjusting 3rd respondent in his place without TTA and joining time. According to the petitioner, this transfer order does not spell out any public interest and administrative exigency and further that he has his own problem to move out of the place of present posting as his wife is under treatment in IGMC Shimla for hypertension and other related diseases. According to the learned Counsel for petitioner, the wife of the petitioner is also suffering from some heart ailment. Though no representation was made to the respondents and he has completed his normal tenure at the present place, yet it is submitted that the petitioner may be afforded an opportunity to make his representation to the 2nd respondent to consider his case sympathetically on the grounds mentioned in the petition and some additional grounds available to him justifying his posting at a convenient place from where he can get medical assistance for the treatment of his wife, The request of the learned Counsel for the petitioner is not opposed by the respondents.

(2.) In view of the above stated position, petitioner is hereby directed to make representation mentioning additional grounds, if any, to the 2nd respondent within ten days along with copy of petition and annexures thereto with an authenticated copy of this judgment/order which shall be supplied to him by the Court Master of this Court forthwith. The said representation shall be decided by the 2nd respondent on or before 31st March, 2013. There shall also be a direction to the 2nd respondent that till the representation of the petitioner remains pending with him, the interim order passed by this Court on 4.7.2012 and extended from time to time shall remain in operation. With these directions, petition stands disposed of, so also the pending application(s), if any.