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2025 DAILYLAW 6875 (HP)

RENUKA v. STATE OF HP AND ORS

CWP/2327/2025 · 2025-02-14

Ranjan Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2327 of 2025 Decided on: 14.02.2025 Renuka ...Petitioner Versus State of Himachal Pradesh & others ...Respondents Coram: HON'BLE MR. JUSTICE RANJAN SHARMA, VACATION JUDGE WHETHER APPROVED FOR REPORTING? No. For the petitioner : Mr. Surender Sharma, Advocate. For the respondents : Mr. L.N.Sharma, Additional Advocate General. Ranjan Sharma, Judge Petitioner [Renuka], a Shastri Teacher presently serving in GSSS Ichhi, District Kangra, has come up before this Court seeking the following reliefs: (i). That the respondents No. 2 and 3 may kindly be directed to consider and decide the representations of the petitioner (Annexure P-3 and P-4) and to transfer and post the petitioner either against the available vacant post of Shastri at GHS Chanog and GSSS Bharari, or against the likely vacancy at GSSS Chotta Shimla which is going to fall vacant on 28.02.2025, in District Shimla, within a period of two weeks. 2 2. Case of the petitioner as set up by Learned Counsel is that the petitioner had made a representation seeking consideration of her case for Inter District Transfer from GSSS Ichhi, District Kangra, to GHS Chanog or GSSS Bharari or GSSS Chotta Shimla or any other vacant post nearby Shimla in view of hardships coupled with the fact that petitioner is perusing higher qualifications of Ph.D from Himachal Pradesh University and in order to enable her to pursue higher academic qualifications, her claim for transfer may be considered. 3. Learned Counsel for the Petitioner on instructions states that the petitioner shall be satisfied in case the Respondent No.2-Director of Elementary Education, Shimla, Himachal Pradesh is directed to examine the representation in view of Inter District Transfer Policy dated 21.11.2021 (Annexure P-1) by transferring the petitioner from GSSS Ichhi, District Kangra to District Shimla as requested in representation dated 7.12.2024 [Annexure P-3] and the representation dated 7.1.2025 [Annexure P-4] expeditiously. 3 4. Prayer made by the Learned Counsel for the Petitioner being innocuous is not opposed by the Learned State Counsel who asserts that the claim of the petitioner shall be considered by the Respondents in view of the existing Inter District Transfer Policy dated 21.11.2021 [Annexure P-1] in accordance with law. 5. Taking into account the entirety of the facts and circumstances, this Court disposes of the instant petition, in the following terms: (i) State Authorities-Respondent No.2- Director of Elementary Education, Shimla, Himachal Pradesh is directed to examine the representation(s) dated 7.12.2024 [Annexure P-3] and representation dated 7.1.2025 [Annexure P-4] in terms of existing Inter District Transfer Policy dated 21.11.2021 [Annexure P-3] in accordance with law on or before 28th February, 2025; (ii) Respondents - State Authorities are directed to afford a personal hearing to the petitioner before deciding the representation as a sequel to direction No (i) above; (iii) No order as to costs. 6. Needless to say that this Court had not adverted to the merits of the case and all questions are left open. 4 In aforesaid terms, the instant writ petition as well as the pending miscellaneous application(s), if any, also stand disposed of. (Ranjan Sharma) Vacation Judge February 14, 2025 (tm)