( 2025:HHC:3054 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2372 of 2025 Decided on: 18th February, 2025 ___________________________________________________________ Poonam Rathor ....Petitioner Versus State of Himachal Pradesh and anr. …..Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Vacation Judge 1 Whether approved for reporting? For the petitioner: Mr. Pawanish Kr. Shukla, Advocate. For the respondents: Mr. Dalip K. Sharma, Additional Advocate General. Ranjan Sharma, Judge Petitioner, Poonam Rathor, presently serving as Trained Graduate Teacher (Non-Medical), has come up, before this Court, seeking the following relief(s):- (i). That a writ in the nature of Mandamus may kindly be issued to directing the respondent to decide the request/representation (Annexure P-5) as per the mandate of Transfer Policy (Annexure P-1) as such, consider the case of petitioner for transfer sympathetically in the interest of justice. (ii) That a writ in the nature of mandamus may kindly be issued by directing the respondent to transfer 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:3054 ) 2 the petitioner from Govt. High School Phagwao under complex G.S.S.S. Ghasnoo, District Mandi, HP, on the basis of mutual consent. 2. Petitioner is that she was appointed as Trained Graduate Teacher (Non-Medical), on 16.11.2019 on contract basis in GHS, Nandi, District Mandi and upon regularization, the petitioner served in said school but was then posted in GHS, Phagwao [under complex GSSS Jai Devi, District Mandi] since 28.12.2021, where she is presently posted. Grievance of petitioner is that she is facing hardships due to post maternity complications, as in Annexure P-4 and other complications and other issues, for which the petitioner had submitted a representation to Secretary (Education), to Government of Himachal Pradesh, with a copy thereof to Director of Elementary Education, Himachal Pradesh on 15.2.2025, requesting for considering her case for transfer, in view of medical exigencies, including factum of couple case as her husband is in Government service and is posted at Mandi in terms of Clause 5.4 of Transfer Policy, against vacant station at GSSS, Ghasnoo, District Mandi. ( 2025:HHC:3054 ) 3 3. Learned Counsel for petitioner, on Instructions, states that the petitioner shall be satisfied in case, the competent authority is directed to examine representation dated 15.12.2024, Annexure P-5 and to pass appropriate orders thereon in accordance with law. 4. Per contra, Learned State Counsel states that representation dated 15.12.2024, Annexure P-5, shall be examined and appropriate orders shall be passed in accordance with law subject to administrative needs and requirements. 5. Taking into account the entirety of the facts and circumstances and the prayer made by Learned Counsel for petitioner and leaving all questions open, this Court disposes of the instant writ petition, in the following terms:- 1. Respondent No.2-Director of Elementary, Himachal Pradesh is directed to consider/examine the representation dated 15.12.2024 Annexure P-5 [if not already decided] and to pass appropriate orders thereon in accordance with law and ( 2025:HHC:3054 ) 4 transfer policy, after affording a personal hearing to the petitioner, on or before 7th March, 2025. 2. Parties to bear respective costs. Pending miscellaneous application(s), if any, shall also stand disposed of, accordingly. (Ranjan Sharma) Vacation Judge 18th February, 2025 (mamta)