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2025 DAILYLAW 20400 (HP)

GANGA DEVI v. THE SECRETARY EDUCATION AND OTHERS

CWP/11308/2025 · 2025-07-15

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11308 of 2025 Date of decision: 15.07.2025 Ganga Devi. ...Petitioner. Versus The Secretary Education to the Government of Himachal Pradesh & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. N.K. Tomar, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 4. Jyotsna Rewal Dua, Judge Notice is confined to respondents No.1 to 4. Mr. Sikander Bhushan, Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 to 4. In view of nature of order being passed hereinafter neither reply is required to be called from respondents No.1 to 4, nor notice is required to be issued to respondent No.5. With consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner is serving as Peon at GSSS Basahan, Tehsil Pacchad, District Sirmour. Her grievance is to office order dated 10.07.2025 (Annexure P-1) issued by respondent -2- No.3-Deputy Director, Secondary Education, District Sirmour at Nahan, whereunder petitioner has been transferred to GSSS Deva Manal vice respondent No.5-Smt. Santosh Devi. 3. Learned counsel for the petitioner submits that the petitioner was posted at GSSS Basahan, District Sirmour, on 30.07.2022. She has, therefore, completed her normal tenure at the present place of posting. However, the petitioner is currently facing adverse family circumstances, inasmuch as her father-in-law passed away recently on 06.07.2025. The petitioner is single-handedly raising two children, as her husband passed away in the year 2007. Being a Class-IV employee, it would be difficult for her to serve at GSSS Deva Manal, which is at a distance of about 90 kms from her current place of posting. Learned counsel further submits that respondent No.4 is also not interested to join at the petitioner’s place. Perhaps for this reason, she has not joined the transferred place pursuant to the office order dated 10.07.2025. 4. Learned counsel for the petitioner further submits that the petitioner would be satisfied, in case she is permitted to file a representation seeking her adjustment to a suitable place/retention at present place, whereafter, -3- respondent No.3/Competent Authority may be directed to consider and decide the same in accordance with law and taking into account her adverse family circumstances, within a time-bound schedule. This is not objected to by learned counsel for the respondents. 5. Taking into consideration the submissions made for the petitioner, it will be expedient to dispose of this petition with the following directions:- 5(i). Petitioner is permitted to prefer a representation seeking her adjustment at suitable place/retention at present place within one week from today. In case, such representation is so preferred, the Competent Authority shall consider and decide the same, in accordance with law and keeping in view her adverse family circumstances, within further period of one week. The order so passed shall also be communicated to the petitioner. 5(ii). Till the decision on the representation preferred by the petitioner is taken, she shall not be compelled to join at the transferred station and she may avail leave of kind due. 5(iii). It is further clarified that in case the petitioner fails to prefer the aforesaid representation within the -4- stipulated period, the limited protection granted to her 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 15th July, 2025 Judge (Pardeep)