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2025 DAILYLAW 14449 (HP)

MEENA KUMARI SHARMA v. THE STATE OF HP AND OTHERS

CWP/8101/2025 · 2025-05-16

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8101 of 2025 Date of Decision: 16.05.2025 _____________________________________________________________________ Meena Kumari Sharma ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Anuja Mehta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Center Head Teacher at GCPS Smaila, Education Block Gopalpur-II, District Mandi, Himachal Pradesh, is aggrieved of impugned transfer order dated 13.05.2025 (Annexure P-1), whereby she has been transferred from afore station to GCPS Dharot Dhar, Education Block Bagsaid, District Mandi, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Anuja Mehta, learned counsel representing the petitioner, is that since the petitioner is to retire within a period of two years, she could not be transferred to GCPS Dharot Dhar, Education Block Bagsaid, District Mandi, Himachal Pradesh, rather she ought to have been transferred to a station of her choice. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, learned Additional Advocate General, fairly states that in case petitioner files representation, detailing therein, her date of retirement, the same shall be considered in accordance with law. 4. Consequently, in view of above, this Court without going into the merits of the case, deems it fit to dispose of the present petition reserving liberty to the petitioner to file representation to the competent authority within a period of three days, praying therein for her adjustment at a convenient station, which in turn shall be decided within a period of one week. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of Transfer Policy, which enables an employee nearing retirement to seek transfer or adjustment at a convenient station. Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be 2 compelled to join at transferred station in terms of impugned transfer order. Pending applications, if any, stand disposed of. May 16, 2025 (Sandeep Sharma), (sunil) Judge 3