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2025 DAILYLAW 11637 (HP)

RENU BALA v. THE STATE OF HP AND ANOTHER

CWP/5795/2025 · 2025-04-10

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5795 of 2025 Date of Decision:10.04.2025 _______________________________________________________ Renu Bala …….Petitioner Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Tek Chand, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT(Non- Medical) is aggrieved of order dated 07.04.2025 (Annexure P-2), whereby she has been transferred from Government Senior Secondary School Kharghat, District Chamba, Himachal Pradesh to Government Senior Secondary School Sural, District Chamba, Himachal Pradesh against vacancy with TTA/JT. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Tek Chand, learned counsel representing the petitioner, is that though petitioner has already served in far- flung area, but yet she has been transferred to Tribal area. It has been 1Whether the reporters of the local papers may be allowed to see the judgment? 2 further averred in the petition that son of the petitioner is suffering from acute problem of arthritis and at present is under treatment from Medical College and Hospital at Tanda, District Kangra, Himachal Pradesh. 3. Since, it is not in dispute that petitioner has already completed her normal tenure of posting at present place of posting, which is not hard area, coupled with the fact that prior to posting of the petitioner at present place of posting, she was working at Government Middle School, Jakharal u/c Government Senior Secondary School, Kihar, District Chamba, Himachal Pradesh and there is nothing on record to suggests that the petitioner has ever served in hard/ tribal area, this Court sees no reason to interfere in the impugned transfer order, which otherwise appears to have been passed for rationalization of staff. However, having taken note of the fact that son of the petitioner is unwell and there is none to take care of him, coupled with the fact that petitioner has already filed the representation to the competent authority, this Court without going into the merits of the case, deems it fit to dispose of the present petition, with a direction to the respondents to consider and decide the representation dated 08.04.2025 (Annexure P-5) of the petitioner expeditiously, preferably within a period of ten days. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon, taking note of the transfer policy, which admittedly provides for adjustment of an employee on account of adverse family circumstances as well as on 3 medical grounds. Till the disposal of the representation filed by the petitioner, she shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge April 10, 2025 (shankar)