IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8515 of 2025 Date of Decision:26.05.2025 _______________________________________________________ Smt. Babina Kumari …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Sandeep K. Pandey, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): While placing on record communication dated May, 2025, issued under the signatures of Director School Education, Himachal Pradesh, learned Additional Advocate General states that Smt. Babina Kumari, who is working as TGT (Arts) in Government Senior Secondary School Kutgarh, Tehsil Padhar, District Mandi, Himachal Pradesh since 21.01.2019 and has completed her normal tenure of posting at preset place of posting, but transfer orders dated 14.05.2025 have not been implemented by the Principal, Government Senior Secondary School(Girls), Jogindernagar, District Mandi, Himachal Pradesh as Sh. Ramesh Kumar, TGT(Arts) has already served in hard area in Government High School Mathiana u/c 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Government Senior Secondary School Thaltukhod, District Mandi, Himachal Pradesh. While making this Court peruse impugned transfer order, learned Additional Advocate General states that since it has been specifically provided in the impugned transfer order that in case person ordered to be transferred has already served in hard area, he shall not be relieved. He states that since Sh. Ramesh Kumar TGT(Arts) has already served in hard area in the school, as detailed hereinabove, no illegality can be said to have been committed by the Principal of the school concerned in not permitting the afore person to be relieved from the school. Learned Additional Advocate General states that on account of aforesaid fact petitioner Smt. Babina Kumari, TGT(Arts) shall stand transferred back to Government Senior Secondary School, Kutgarh, District Mandi, Himachal Pradesh. 2. Learned counsel for the petitioner states that on account of aforesaid development though petitioner herein is required to join at the present school, but since she has been already relieved, it is not understood that how and on what basis she can re-join the school again. Learned counsel for the petitioner further states that at present two posts of TGT(Arts) are lying vacant in Government Senior Secondary School Jogindernagar and she can also ordered to be transferred/ adjusted in afore school. 3 3. Though, on account of subsequent development, whereby reliving order of Sh. Ramesh Kumar, TGT(Arts) has not been accepted by the Principal of the school concerned, coupled with the fact that he has already served in hard area. Though, petitioner is required to join back at Government Senior Secondary School Kutgarh, District Mandi, Himachal Pradesh, but this Court in peculiar facts and circumstances of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority for her adjustment at a convenient station on account of the fact that petitioner is pregnant. Transfer policy formulated by Government of Himachal Pradesh, enables female employees to seek adjustment on the ground of pregnancy. 4. Consequently, in view of the 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 ten days, which in turn, shall be decided by the competent authority within a period of two weeks. 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 appropriate order, taking note of transfer policy framed by the Government of Himachal Pradesh. Liberty is reserved to the petitioner to file appropriate proceedings in 4 appropriate court of law, if she still remains aggrieved. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge May 26,2025 (shankar)