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2025 DAILYLAW 15562 (HP)

LATA KUMAR v. THE STATE OF HP AND OTHERS

CWP/8724/2025 · 2025-05-26

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8724/2025 Decided on: 26.05.2025 Lata Kumari …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Rajiv Rai, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No.1 & 2. Jyotsna Rewal Dua , J Notice confined to respondents No.1 & 2, which is waived by learned Additional Advocate General. In view of the order being passed hereinafter neither reply is required to be called from the appearing respondents nor notice is required to be issued to respondents No.3 & 4. With the consent of learned counsel for the parties, the matter is heard at this stage. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. Petitioner, a Trained Graduate Teacher (Arts), is aggrieved against her transfer from Government High School Bumbloo, District Hamirpur to Government Senior Secondary School Ghoond, District Shimla. Learned counsel for the petitioner submitted that the petitioner has been transferred at the instance of respondent No.3, who was under transfer to Government Senior Secondary School Ghoond, District Shimla. He managed a D.O. Note from respondent No.4 who had lost the election to the Legislative Assembly, for adjusting him at Government High School Bumbloo, District Hamirpur. Accordingly, the impugned office order was issued on 17.05.2025 adjusting respondent No.3 at Government High School Bumbloo, District Hamirpur. In order to make way for respondent No.3, petitioner was transferred from Government High School Bumbloo to Government Senior Secondary School Ghoond. 3. To a query of the Court, learned counsel for the petitioner submitted that the petitioner was posted at Government High School Bumbloo on 23.07.2021 and as such has completed more than four years of tenure at the present place, therefore, is liable to be transferred. To another query of the Court, learned counsel admitted that the petitioner was posted at Government High School Bumbloo on 23.07.2021 on the basis of a D.O. Note. 4. At this stage, learned counsel for the petitioner submitted that since the petitioner has been transferred to a specific 3 place only on the basis of D.O. note, therefore, she be permitted to prefer a representation to the respondents/competent authority, who be directed to consider and decide the same within time bound schedule. Learned Additional Advocate General has no objection to this prayer. 5. In view of above, this writ petition is disposed of without interfering transfer of respondent No.3 under the impugned office order dated 17.05.2025, but reserving liberty to the petitioner to prefer a representation to the respondents/competent authority within two days. In case representation is made within the aforesaid timeline, the same shall be decided within one week, in accordance with law and applicable policy. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 26th May, 2025(rohit)