IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10024/2025 Decided on: 23.06.2025 Monika Dhiman …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sanjay Kumar Sharma, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner is serving as Trained Graduate Teacher (Arts) at Government Senior Secondary School Dharampur, District Una, H.P. Her grievance is to the office order dated 04.06.2025 that transfers her to Government Middle School Bargaon u/c Government Senior Secondary School Bhutti, District Shimla. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 3. Learned counsel for the petitioner submitted that the impugned order has been issued in view of complaint at Annexure P- 3 made by the petitioner against her co-workers. Learned counsel further submitted that petitioner’s husband had undergone heart surgery and has been advised to have complete rest and not to undertake physical excursion, therefore, petitioner’s presence is required around her husband to prevent further deterioration in his health. 4. The pleadings of the writ petition indicate that petitioner was appointed as Trained Graduate Teacher and as such belongs to State-cadre. She was appointed on 29.01.2014 and remained posted at Government Senior Secondary School Oel till August 2017; at Government Senior Secondary School Samnal till August 2022 and at Government Senior Secondary School Dharampur w.e.f. August 2022. All these stations are in District Una. Distance between Oel to Samnal is stated to be about 35 kms and Samnal to Dharampur is 5 kms. For practical purposes, petitioner is at the same place w.e.f. 2017 i.e. last eight years. Even at the present station, where petitioner was posted in August 2022, she has almost completed about 2 years and 9 months i.e. normal tenure of a Government employee. The petitioner may have preferred complaint against her co-workers, but that is not a ground of her transfer. She having completed normal tenure, is liable to be transferred. Insofar as the 3 ailment suffers by her husband is concerned, the documents placed on record reflect that her husband underwent a surgery in the year 2010. It is the petitioner’s pleaded case that stent was placed in petitioner’s husband and he is carrying out his work from home. Learned counsel for the petitioner admitted that there is no big hospital at present place of posting of petitioner, where petitioner wants to continue. It is not the contention of petitioner that she has been transferred to a place, which is a hard area, where similar medical facilities are not available. At this stage, learned counsel for the petitioner submitted that the petitioner has filed a representation dated 05.06.2025 (Annexure P-5) to the respondent/competent authority for the redressal of her grievances raised in this writ petition, however no concrete action on her representation has been taken till date. Learned counsel further submitted that the petitioner would be content, in case, she is permitted to furnish a fresh representation to the respondent/competent authority, whereafter, the said respondent/competent authority, be directed to decide the representation to be made by her, in a time bound manner. Learned Additional Advocate General has no objection to this prayer. Taking into consideration the ailment suffered by petitioner’s husband, but without interfering with petitioner’s transfer under office order dated 04.06.2025 from Government Senior 4 Secondary School Dharampur, District Una, this writ petition is disposed of by permitting the petitioner to make a fresh representation to the respondent/competent authority for her adjustment, within a period of five days from today, who shall in turn, consider and decide the same, in accordance with law and applicable policy, within a further period of one week. 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 23rd June, 2025(rohit)