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2025 DAILYLAW 35504 (HP)

RADHA DEVI v. THE STATE OF HP AND OTHERS

CWP/17403/2025 · 2025-11-11

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17403 of 2025 Date of Decision: 11.11.2025 _______________________________________________________ Radha Devi …….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. Prantap Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals, for the respondent-State. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein is aggrieved of order dated 01.10.2025 (Annexure P-3), whereby representation having been filed by him in terms of order dated 28.08.2025 passed by Co-ordinate Bench of this Court in CWP No. 14858 of 2025, titled Radha Devi vs. State of Himachal Pradesh and another, for her transfer/adjustment on account of adverse family circumstances, came to be rejected on the ground that she is single teacher at present place of posting. 2. Though, having carefully perused order laid challenge in the instant proceedings, this Court is not persuaded to interfere in the same, but having taken note of the fact that school in question where at present petitioner is teaching is winter closing school, this Court without going into the merits of the case, deems it fit to dispose of the 1Whether the reporters of the local papers may be allowed to see the judgment? 2 same, reserving liberty to the petitioner to file fresh representation to the competent authority, praying therein for her adjustment at a convenient station on the ground of couple case after completion of academic session, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of ten days from the date of receipt of representation. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate order, taking note of transfer policy formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/adjustment on the ground of couple case. 3. True it is that no school can be left without any teacher but same time it is the duty of the respondent-State to ensure posting of the teachers and in that regard, one employee, who may be in the need of transfer on account of adverse family circumstances cannot be made to suffer on the ground of non-availability of teachers. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge November 11, 2025 (shankar)