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2025 DAILYLAW 34779 (HP)

SARITA DEVI v. THE STATE OF HP AND OTHERS

CWP/17404/2025 · 2025-11-10

Jyotsna Rewal Dua

body2025

Judgment text

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2025:HHC:37597 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 17404 of 2025 Decided on: November 10 , 2025 Sarita Devi ...Petitioner Versus State of Himachal Pradesh & Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Ms. Shiwani Priya, Advocate, vice Mr. Manish Kumar, Advocate. For the respondents : Mr. Vishwadeep Sharma, Additional Advocate General & Mr. Sikander Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. Sikander Bhushan, learned Deputy Advocate General accepts notice on behalf of the respondents-State. 2. Sarita Devi vs. State of Himachal Pradesh & Ors.2 instituted by the petitioner seeking her transfer under the 5% inter-District quota in terms of notification dated 20.11.2021 was disposed of by this Court with 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 CWP No. 14361 of 2025, decided on 05.09.2025 2025:HHC:37597 -2- direction to the respondents to consider the pending representation of the petitioner in accordance with law. Pursuant to the above direction, respondent No. 2 – Director of Elementary Education, Himachal Pradesh considered the case of the petitioner and rejected it under order dated 04.10.2025. Feeling aggrieved, petitioner has instituted this writ petition. 3. Heard learned counsel for the parties and considered the case file. 4. Petitioner is serving as JBT Teacher in District Solan. She belongs to District cadre of District Solan. She has prayed for her transfer to District Sirmour under the 5% inter-District Transfer Policy notified on 20.11.2021. Respondent No. 2 rejected the case of the petitioner on 04.10.2025 for the reason that approximately 363 posts of JBTs/HTs are lying vacant in District Solan. Respondent No. 2 has rejected the case of the petitioner on bona fide grounds of administrative exigency in order to run the department smoothly and to protect the interest of the students. 5. At this stage, learned counsel for the petitioner sought permission to withdraw the writ petition. Accordingly, the writ petition is dismissed as withdrawn alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua, Judge November 10 , 2025 (PK)