Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.7860 of 2025
Decided on: 13th May, 2025 _________________________________________________________________ Sunder Lata
....Petitioner
Versus State of H.P. & Ors.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ajay Kumar Dhiman, Advocate.
For the respondents: Ms. Leena Guleria, Deputy Advocate General, for respondents No. 1 to 3.
Jyotsna Rewal Dua, Judge
Notice confined to respondents No.1 to 3, which is accepted by Ms. Leena Guleria, learned Deputy Advocate General.
In view of nature of order being passed hereinafter neither the reply is required to be called from respondents No.1 to 3, nor notice is required to be issued to respondent No.4. With consent of learned counsel for the parties, matter is heard at this stage.
2.
Petitioner is serving as Lecturer (New School) in
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - the respondent-Education Department. On 25.09.2021, she was transferred to GSSS Banthal, District Mandi. At her request, she was transferred on 14.03.2024 to GSSS Karsog on mutual basis vice one Sh. Yog Raj. Admittedly the distance between GSSS Banthal and GSSS Karsog is less than 15 K.M..
Petitioner’s present grievance it to the office order dated 02.05.2025 (P-3), whereunder, she has been transferred from GSSS Karsog, District Mandi, to GSSS Kuthachi, District Mandi. Respondent No.4, Sh. Roop Lal, has been ordered to be transferred to the place of the petitioner.
3.
Learned counsel for the petitioner contends that petitioner has not completed her normal tenure at the present place of posting, where she was posted only on 14.3.2024; That the petitioner is facing adverse family circumstances inasmuch as she herself is suffering from certain ailments and is under treatment for the same.
It is seen from the case file that petitioner was transferred at her present place of posting on 14.03.2024, but prior thereto also, she was rendering her services at a
- 3 - distance of less than 15 K.M., therefore, her contention that she has not been allowed to complete her tenure at GSSS Karsog, is not tenable. As per the documents available on record, she had been serving within a distance of less than 15 K.M at least w.e.f. 25.09.2021.
Learned counsel for the petitioner submits that respondent No.4 has since joined at the place of the petitioner.
4.
Learned counsel for the petitioner submits that at this stage, petitioner would be satisfied in case she is permitted to make a representation to respondent No.2/Competent Authority, seeking her suitable adjustment in view of her family circumstances, 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.
Having regard to the above submissions, but without interfering with the transfer of respondent No.4 under the impugned order, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent No.2/Competent Authority for her suitable
- 4 - adjustment. In case such a representation is made within five days, the same shall be considered and decided by the respondent No.2/Competent Authority, in accordance with law and as per applicable transfer policy, within seven days thereafter. Copy of order so passed, be communicated to the petitioner.
Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua
Judge May 13, 2025 R.Atal