Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7931 of 2024 Date of Decision: 20.03.2025 _______________________________________________________ Sunita Sharma
…….Petitioner
Versus
State of Himachal Pradesh and others
… Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. Ajay Thakur, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondent-State.
Ms. Tim Saran, Advocate, for respondent No.4.
Ms ____________________________________________________ Sandeep Sharma, Judge(oral):
Vide impugned transfer order dated 3rd July, 2024 (Annexure P-1) petitioner herein, who is TGT (Medical), came to be transferred from Government High School, Bidhyat u/c Government Girls Senior Secondary School, Bilaspur to Government Senior Secondary School, Deoth, District Bilaspur, Himachal Pradesh.
2.
Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Ajay Thakur,
1Whether the reporters of the local papers may be allowed to see the judgment?
2
learned counsel for the petitioner, is that though petitioner had not completed her normal tenure of posting at Government High School, Bidhyat, but yet on account of political intervention, she came to be transferred to Government Senior Secondary School, Deoth, District Bilaspur, Himachal Pradesh.
3.
Pursuant to the notices issued in the instant proceedings, respondent Nos. 1 to 3 filed reply through respondent No.2- Director Elementary Education, Himachal Pradesh, perusal whereof reveals that respondent No.4 has been transferred from Government Senior Secondary School, Deoth, District Bilaspur to Government High School, Bidhyat on vice-versa basis vide order dated 3.8.2024 with the prior approval of competent authority vide U.O. No. CM- 130162/24.07.2024.
4.
While referring to aforesaid U.O. Note, learned counsel for the petitioner vehemently argued that since transfer of the petitioner came to be effected on the intervention of Office of Hon’ble Chief Minister, same deserves to be quashed and set-aside. However, U.O. Note placed on record by the petitioner by way of rejoinder, clearly reveals that matter came to be placed before Hon’ble Chief Minister for the reason that at the time of passing impugned transfer order, there was complete ban on transfers. Since transfer order could only be issued after prior approval of Hon’ble
3 Chief Minister, file came to be placed before the Hon’ble Chief Minister for appropriate orders. No material, worth credence, has been placed on record suggestive of the fact that transfer of the petitioner from Government High School, Bidhyat has been effected on the recommendation or U.O. note, if any, issued by an MLA or any political person.
5.
Leaving everything aside, this Court finds that petitioner has already completed her normal tenure of posting at Government High School, Bidhyat and pursuant to passing of impugned transfer
order, she has already joined at transferred station as such, nothing remains to be adjudicated in the instant proceedings.
6.
Consequently, in view of the above, present petition is
disposed of as having been rendered infructuous. Petitioner is always at liberty to file representation to the competent authority for her adjustment on medical grounds in terms of transfer policy. Pending applications, if any, also stand disposed of.
p
(Sandeep Sharma),
Judge March 20,2025 (shankar)