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2025 DAILYLAW 25745 (HP)

SUJATA DEVI v. THE STATE OF HP AND OTHERS

CWP/15012/2025 · 2025-09-17

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15012/2025 Decided on: 17.09.2025 Sujata Devi …Petitioner Versus State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Ajay Chandel, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. Petitioner is presently serving as Trained Graduate Teacher (Arts) at Government Middle School Tranda u/c Government Senior Secondary School Nigulsari, District Kinnaur. Her case is that she is serving hard and tribal area in district Kinnaur w.e.f. 10.01.2019. Presently she is posted at Government Middle School Tranda u/c Government Senior Secondary School Nigulsari, District Kinnaur w.e.f. 26.02.2024. The petitioner has completed much more than the requisite tenure in hard areas. Her husband is stated to be 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 serving as Deputy Commandant in the Central Reserve Police Force (CRPF) and currently posted at T.O.T. School, Dharampur, District Solan, H.P. Petitioner’s case is that she preferred a representation on 21.07.2025 (Annexure P-1) through proper channel to the competent authority seeking transfer near her husband’s place of posting and also invoked Clause 5.2 of the applicable transfer policy that provides concession to the wives of Officers/Officials of Military/Central Para- Military Forces for their postings at convenient places subject to availability of vacancy. It appears from the record that petitioner’s representation was forwarded by the concerned Principal to respondent No.2 on 21.07.2025 (Annexure P-2). Respondent No.3- Deputy Director of School Education, District Kinnaru at Reckong Peo has also recommended petitioner’s representation on 29.07.2025 (Annexure P-3). Petitioner’s grievance is that till date her aforesaid representation has not been acted upon by respondent No.2/competent authority-Director of School Education. Learned counsel for the petitioner submitted that petitioner can be easily accommodated at Government Senior Secondary School Sanawar, District Solan or Government Senior Secondary School Kanda, Tehsil Kasauli, District Solan, H.P. Learned counsel further submitted that the petitioner would be content, in case, respondent No.2/competent authority is directed to consider and decide the aforesaid representation of the petitioner, in accordance with law, within a time 3 bound manner. Learned Additional Advocate General has no objection to this prayer. Having regard to the above submissions, the instant writ petition is disposed of by directing respondent No.2/competent authority to consider and decide the aforesaid representation of the petitioner, in accordance with law and applicable transfer policy, within a period of two weeks from today positively. 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 17th September, 2025(rohit)