Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9534 of 2025
Date of decision: 06.06.2025 Sarita.
...Petitioner. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Ms. Aruna Chauhan, Advocate.
For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General and Mr. Rajat Chaudhary, Assistant Advocate General.
Jyotsna Rewal Dua, Judge
Notice. Ms. Menka Raj Chauhan, Deputy Advocate General, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, matter is heard at this stage.
2.
Petitioner is serving as Junior Basic Teacher at GPS Devlah, Education Block Kaffota, District Sirmour. Her grievance in the present petition is to the office order dated 04.06.2025 (Annexure P-1) that transfers her to GPS Gumat, Education Block Ronhat, District Sirmour. Learned counsel for the petitioner submits that petitioner was posted at GPS Devlah, i.e. her present place of posting, on 11.08.2022; She
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has yet to complete her normal tenure, i.e. 3-5 years, at her present place. It was also submitted that petitioner is mother of two minor children, a son aged 7 years and daughter aged 10 years; Both are suffering from disabilities. Daughter of the petitioner is suffering from 75% intellectual disability. Petitioner’s son is also suffering from similar disability.
Learned counsel for the petitioner further submits that no one else has been posted at the place of the petitioner, i.e. GPS Devlah.
3.
Taking into consideration the submissions made for the petitioner, it will be expedient to dispose of this petition with the following directions:- 3(i). Petitioner is permitted to prefer a detailed representation to the Competent Authority/respondents against the impugned office order within a period of one week from today. In case, such representation is so preferred, the Competent Authority shall consider and decide the same in accordance with law, applicable transfer policy and also keeping in view the adverse family circumstances pointed by the petitioner, within a further period of two weeks. The
order so passed shall also be communicated to the petitioner.
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3(ii). Till such time, the operation of office order dated 04.06.2025 (Annexure P-1) shall remain stayed qua the petitioner or in other words petitioner shall be allowed to continue to serve at GPS Devlah, District Sirmour. 3(iii). It is further clarified that in case the petitioner fails to prefer the aforesaid representation within the stipulated period, the interim protection granted under this
order shall be deemed to have been automatically vacated.
This writ petition is disposed of in above terms so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua 6th June, 2025
Judge (Pardeep)