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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8399 of 2025 Date of Decision: 21.05.2025 _____________________________________________________________________ Tilkeshwari Negi ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Onkar Jairath, 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 Lecturer (SN) (Hindi) in Government Senior Secondary School Beolia, Shimla, Himachal Pradesh, is aggrieved of impugned transfer order dated 15.05.2025 (Annexure P-1), whereby she has been transferred from afore station to Government Senior Secondary School Ghaini, Shimla, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Onkar Jairath, learned counsel representing the petitioner is that impugned transfer order has been passed in violation of Transfer Policy and on the basis of DO note issued by the extra Constitutional authority. Besides above, it has been submitted on behalf of petitioner that petitioner is not physically well and it is not possible for her to join at transferred station because reaching the said station requires her to travel more than 3 kilometers on foot. 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, learned Deputy Advocate General, fairly states that petitioner has already completed normal tenure of posting at present place of posting and Government Senior Secondary School Ghaini, Shimla, Himachal Pradesh, wherein petitioner has been transferred is on road and as such, petitioner is not required to walk approximately 3 Kms on foot. Having taken note of the fact that petitioner has already completed normal tenure of posting at present place of posting, coupled with the fact that she has been transferred at a distance of 30 Kms, this Court finds no reason to interfere in the impugned transfer order and as such, same is upheld.
However, having taken note of the fact that petitioner is not medically fit as is evident from the averments contained in the petition as well as documents annexed therewith, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation 2
(Annexure P-4) filed by the petitioner expeditiously, preferably within a period of one week from today. 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 facts, as detailed in earlier part of the judgment as well as the object and intent of transfer policy formulated by the Government of Himachal Pradesh. Till the time, representation, as detailed hereinabove, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Pending applications, if any, stand disposed of. May 21, 2025 (Sandeep Sharma), (sunil)
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