IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7752 of 2025 Decided on: 9th May, 2025 _________________________________________________________________ Seema Devi ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. K.B. Khajuria, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General, for respondents No. 1 and 2. Jyotsna Rewal Dua, Judge Notice. Ms. Leena Guleria, learned Deputy Advocate General, accepts service of notice on behalf of respondents No.1 and 2. In view of nature of order being passed hereinafter neither the reply is required to be called from respondents No.1 and 2, nor notice is required to be issued to respondent No.3. With consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner and her husband both are serving as 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - TGTs in the respondent-Education Department. Petitioner was serving as TGT (Medical) at GSSS Dharampur, District Solan, whereas, her husband was serving as TGT (Non- Medical) at GHS Dhabriana u/c GSSS Bani, District Hamirpur, H.P. Distance between the two stations is statedly more than 250 K.M.. 3. Petitioner instituted Seema Sharma Vs. State of Himachal Pradesh and anr.2 seeking her transfer on the ground that she had completed her normal tenure at the present station; She be transferred on the basis of Clause 5.4 of the Transfer Policy that gives concession to the couples in the matter of posting. Said clause reads as under:- “5.4 Concession to couples working under H.P. Government: In case wife and husband both are working under the State Government, efforts should be made to post them at one place or near places as far as possible, subject to vacancy.” 4. Respondents on 05.05.2025, transferred husband of the petitioner to GSSS Kotlas Bangi, District Sirmour, H.P., whereas, vide order dated 06.05.2025, petitioner was 2 CWP No.10523 of 2024, decided on 20.09.2024 - 3 - transferred to GSSS Bhajond, District Sirmour, H.P. Learned counsel for the petitioner submits that there is distance of more than 90 K.M between the places now assigned to the petitioner and her husband; That petitioner and her husband have not been given benefit of concession available to the couples under the Transfer Policy; It is with great difficulty the petitioner is managing her household affairs. Learned counsel for the petitioner also submits that petitioner has been transferred to GSSS Bhajond, District Sirmour, H.P. in order to accommodate respondent No.3, who was under transfer to GSSS Bhajond, District Simrour and has since joined at the place of the petitioner in terms of impugned order. Learned counsel for the petitioner submits that petitioner would be satisfied in case she is permitted to make a representation to respondent No.2/Competent Authority, seeking her suitable adjustment, whereafter, respondent No.2/Competent Authority be directed to consider her representation within a time bound schedule. Learned Deputy Advocate General has no objection for the same. 5. Taking note of the facts and the grounds pleaded - 4 - in the petition, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent No.2/Competent Authority for her suitable adjustment. In case such a representation so made within five days, the same shall be considered and decided by the Competent Authority, in accordance with law and as per applicable transfer policy, within a week thereafter. Till such time, petitioner shall not be compelled to join at the transferred station and she would be at liberty to avail the leave of kind due. Decision be positively taken within the aforesaid period. It is made clear that in case petitioner does not represent within the aforesaid period, the limited protection granted to her under this order shall automatically stand vacated. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge May 9, 2025 R.Atal