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2025 DAILYLAW 36483 (HP)

PROMILA DEVI v. THE STATE OF HP AND OTHERS

CWP/19384/2025 · 2025-12-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.19384 of 2025 Decided on: 08.12. 2025 _________________________________________________________________ Promila Devi ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. R.LVerma, Advocate vice Mr. Ankit Chandel, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts service of notice on behalf of the respondents. 2. Petitioner is serving as TGT (Arts) at GHS Bag Chawasi, U/C GSSS Mahog, Tehsil Karsog, and District Mandi w.e.f. 05.03.2022. Petitioner’s case is that being in the family way, she had preferred a representation on 01.03.2025 (Annexure P-4) to respondent No.2, seeking 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - transfer/adjustment to any of the places mentioned in the representation on the ground of there being no medical facility nearby her posting area. However, the aforesaid representation was not considered and decided by respondent No.2. In the interregnum, petitioner gave birth to a baby on 15.07.2025. Her new born child is statedly suffering certain serious ailments and deformities. According to the petitioner, her new born child needs constant medical attention, which is not available in or around her place of posting. She, therefore, preferred a fresh representation on 22.11.2025, seeking appropriate adjustment in view of medical condition of her new born child and other adverse family circumstances besides apprising the fact that petitioner even otherwise had completed her normal tenure at the present place of posting. Learned counsel submits that the petitioner, by now, has also exhausted her maternity leave, but her fresh representation dated 22.11.2025 is yet pending consideration. 3. Looking to the grievance of the petitioner, the fact she has completed her normal tenure of posting at the - 3 - present place, her adverse family circumstances and the fact that her new born child is stated to be suffering from serious medical problems, respondent No.2/Competent Authority is directed to consider and decide petitioner’s representation dated 22.11.2025 in accordance with law, sympathetically, within two weeks from today. The decision so taken be also communicated to the petitioner. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge December 8, 2025 R.Atal