Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.8512 of 2025
Decided on: 22nd May, 2025 _________________________________________________________________ Sheela
....Petitioner
Versus State of H.P. & Ors.
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ashok Kumar Verma, Advocate.
For the respondents: Ms. Leena Guleria, Deputy Advocate General for respondents No. 1 and 2.
Jyotsna Rewal Dua, Judge
Notice confined to respondents No.1 and 2 which is accepted by Ms. Leena Guleira, 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 and 2, nor notice is required to be issued to respondents No. 3 and 4. With consent of learned counsel for the parties, matter is heard at this stage.
2.
Petitioner is serving as Lecturer (SN) (English) at
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - GSSS Sianj, District Mandi. Under the impugned office order dated 17.05.2025, she has been transferred to GSSS Keolidhar, District Mandi.
Respondent No.4, who was serving at GSSS Keolidhar, has been transferred under the same order to GSSS Gohar, District Mandi and respondent No.3, who was serving at GSSS Gohar, District Mandi, has been transferred to the place of the petitioner or in other words it is a triangular transfer involving the petitioner and respondents No.3 and 4.
3.
Learned counsel for the petitioner submits that petitioner has been transferred on the basis of a D.O. note to accommodate respondent No.4. Learned counsel, however, fairly submitted that respondent No.3 has since joined at the place of the petitioner. Learned counsel admits that petitioner has completed more than her normal tenure at the present place of posting. Learned counsel for the petitioner further submits that petitioner’s husband had undergone kidney transplant operation in the year 2023 at PGI Chandigarh and needs due care & treatment and permanent assistance.
4.
In view of above submissions, and without
- 3 - interfering with the transfers of respondents No.3 and 4 under the impugned order, but keeping in view petitioner’s
contentions that her transfer to a particular place has been ordered on the basis of a D.O. note and keeping in view her family circumstances, this writ petition is disposed of by permitting the petitioner to make a representation to the Competent Authority for her suitable transfer/adjustment within two days, thereafter, the same shall be considered and decided by the Competent Authority in accordance with law and applicable transfer policy within next ten days. Copy of decision so taken, be communicated to the petitioner.
Till such time, petitioner shall not be compelled to join at the transferred station. It is made clear that in case petitioner does not represent within the aforesaid period, the 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 20, 2025 R.Atal