POONAM KUMARI @ POONAM JASWAL v. THE STATE OF HP AND OTHERS
CWP/12650/2025 · 2025-08-04
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22348 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22348 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.12650 of 2025
Decided on: 4th August, 2025 ------------------------------------------------------------------------------------- Poonam Kumari @ Poonam Jaswal
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Sanjeev Kumar Suri, Advocate.
For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2.
Petitioner is serving as Language Teacher at GSSS Saloi, District Una. Under impugned office order dated 29.07.2025 (Annexure P-2), she has been transferred to GSSS Budhan.
3.
Learned counsel for the petitioner submits that though the petitioner has completed her normal tenure at
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
the present place of posting, where she joined on 12.05.2022, but the petitioner is facing certain adverse circumstances inasmuch as she had underwent Breast Conservation Surgery following a diagnosis of breast cancer in August, 2024. She is presently under treatment at Fortis Hospital, Mohali. In view of her ongoing treatment, her displacement from GSSS Saloi at this stage would cause interference in her treatment. The place where the petitioner has been transferred is at a distance of 70 kilometers. In view of these factors, petitioner has represented to respondent No.3 on 30.07.2025 (Annexure P-3) for cancelling her transfer at present. Petitioner’s grievance is that the aforesaid representation has not been considered and decided till date by the competent authority.
4.
In view of above, this writ petition is disposed of with direction to respondent No.2/competent authority to consider and decide the aforesaid representation of the petitioner dated 30.07.2025 (Annexure P-3) in accordance with law and applicable transfer policy as well as keeping in view the adverse circumstances pointed out by her, within a period of two weeks from today. The decision so arrived at shall also be communicated to the petitioner.
3
Till such decision, operation of the impugned office order dated 29.07.2025 (Annexure P-2) shall remain stayed.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua August 04, 2025
Judge Mukesh