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2025 DAILYLAW 17188 (HP)

POONAM KUMARI v. THE STATE OF HP AND ANOTHER

CWP/9684/2025 · 2025-06-16

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.9684 of 2025 Decided on: 16th June, 2025 _________________________________________________________________ Poonam Kumari ....Petitioner Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Rajiv Rai, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General. Jyotsna Rewal Dua, Judge Notice. Ms. Leena Guleria, learned Deputy Advocate General, accepts service of notice on behalf of the respondents. 2. Petitioner is serving as Assistant Professor (Economics) at Government Degree College Tissa (GDC), District Chamba, which is a hard area. Her case is that she has completed two winters and three summers at the aforesaid hard area and, therefore, in accordance with the applicable transfer policy, is entitled to be posted to a station 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - of her choice. 3. Learned counsel for the petitioner also points out that petitioner’s husband Sh. Pawan Kumar is also serving as Assistant Professor in the respondent-Education Department and has been posted at Govt. Degree College Joginder Nagar, District Mandi on 24.05.2025, where he has joined, therefore, petitioner is entitled to the concession flowing from Clause 5.4 of the Applicable Transfer Policy for posting the wife and husband working under the State Government at one place or in the vicinity of each other’s posting as far as possible subject to vacancy. Learned counsel for the petitioner further submits that at present there are two vacancies of Assistant Professor lying vacant at GDC Joginder Nagar, District Mandi, where petitioner can be easily accommodated. 4. Learned counsel further submits that petitioner had preferred representation on 07.06.2025 (Annexure P-1) to respondent No.1, seeking her transfer from her present place of posting i.e. GDC Tissa to GDC Joginder Nagar, however, till date the same has not been considered by the Competent Authority, - 3 - 5. Looking to the limited grievance of the petitioner, this writ petition is disposed of by directing respondent No.1/Competent Authority to consider and decide the aforesaid representation of the petitioner in accordance with law and as per applicable transfer policy within a period of two weeks from today. The decision so taken be also communicated to the petitioner. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge June 16, 2025 R.Atal