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2025 DAILYLAW 15844 (HP)

JASVINDER KOUR v. THE STATE OF HP AND OTHERS

CWP/8942/2025 · 2025-05-29

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8942/2025 Decided on: 29.05.2025 Jasvinder Kour …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Prem P. Chauhan and Ms. Shikha Rajta, Advocates. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General, for respondents No. 1 & 2. Jyotsna Rewal Dua , J Notice. Mr. Rajat Choudhary, learned Assistant Advocate General, accepts notice on behalf of respondents No.1 & 2. Considering the nature of order being passed hereinafter, neither reply is required to be called from the appearing respondents nor notice is required to be issued to respondent No.3. With the consent of learned counsel of 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 is serving as Trained Graduate Teacher (Non Medical) and feels aggrieved against order dated 22.05.2025, whereunder she has been transferred from Government Senior Secondary School Sakoh, District Kangra, to Government Senior Secondary School Chopal, District Shimla. The impugned order reflects that it has been passed in compliance to the direction issued in Sonia Mahajan Vs. State of H.P. & Ors.2 In view of the reasons given in the order, Sonia Mahajan (respondent No.3 herein) was transferred from Government Senior Secondary School Bharwala, District Kangra to Government Senior Secondary School Sakoh, District Kangra. In order to make way for respondent No.3 to join at petitioner’s place, petitioner was further transferred to Government Senior Secondary School Chopal, District Shimla. 3. Learned counsel for the petitioner submitted that the petitioner was posted at her present place of posting on 09.08.2023. That she had not completed her normal tenure at her present place, however, learned counsel fairly admitted that the petitioner had been serving in the near vicinity of Government Senior Secondary School Sakoh, District Kangra for more than three years and as such has completed her normal tenure within vicinity of Government Senior Secondary School Sakoh, District Kangra. That she had been serving within radius of 25 kms for the past many years. Learned counsel, 2CWP No. 8123/2025 dated 16.05.2025 3 however, further submitted that the petitioner is facing certain adverse family circumstances, inasmuch as her mother-in-law is aged, suffering from serious medical ailments, her husband and son are also suffering from medical problems. Prescription slips of the family members of the petitioner have been placed on record. Learned counsel also submitted that the petitioner would be satisfied, in case, she is permitted to make a representation to the respondents/competent authority, seeking her suitable adjustment, in view of her adverse family circumstances, whereafter, the respondents/competent authority be directed to consider and decide the representation, in accordance with law and applicable Transfer Policy, within time bound schedule. Learned Assistant Advocate General has no objection to this prayer. 4. In view of above submissions and without interfering with the transfer of respondent No.3 in the impugned office order, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent No.2/competent authority within three days, seeking her suitable transfer/adjustment in view of her adverse family circumsances, who shall in turn, consider and decide the same, in accordance with law and in terms of applicable Transfer Policy, within a further period of one week. The order so passed be also communicated to the petitioner. Till such time, the petitioner is at liberty to avail the leave of kind due. In case the representation is not 4 preferred by the petitioner within the indicated time-line, the limited protection made available to her under this order shall stand vacated. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 29th May, 2025(rohit)