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2025 DAILYLAW 7051 (HP)

DASODA CHAUHAN v. STATE OF HP AND ANOTHER

CWP/2425/2025 · 2025-02-18

Ranjan Sharma

body2025

Judgment text

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2025:HHC:3046 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2425 of 2025 Decided on : 18 th February , 2025 __________________________________________________________ Dasoda Chauhan ...Petitioner Versus State of HP & Ors. ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No. For the petitioner : Mr. Surinder Kumar Sharma, Advocate. For the respondents : Mr. Navlesh Verma, Additional Advocate General. Ranjan Sharma, Judge [Oral] Heard. Notice. Mr. Navlesh Verma, Learned Additional Advocate General appears and waives notice on behalf of respondents No. 1 and 2. 2. Petitioner, Dasoda Chauhan; presently working as Lecturer in Hindi (S/N) in GSSS, Ghain, District Mandi, has come up before this Court, seeking the following reliefs: 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:3046 i) That the respondent No. 2 may kindly be directed to consider and decide the representation dated 03.02.2025 [Anexure- P2], preferred by the petitioner, within a period of two weeks and to transfer and post the petitioner at Govt. Senior Secondary School Mashobra consequent upon the superannuation of the present incumbent on 31.03.2025. 3. In background of the prayers referred to above, the grievance is that petitioner is serving as Lecturer in Hindi (S/N) in GSSS Ghain, District Mandi, since September,2022, which is a remote/difficult area, involving walking of about 3 Kms from the main road and being a widow coupled with the fact that petitioner is due for superannuation on 30.09.2025 therefore, in terms of Clause 5.5 of existing Transfer Policy dated 10.07.2018 [Annexure-P1], an employee having less than two years for retirement are to be considered for posting at convenient places/stations, subject to vacancy coupled with the factum that being a widow, the petitioner is entitled to be considered for transfer- posting at concerned station in terms of Clause 5.1 of Transfer Policy/Norms, for which, one post of Lecturer in Hindi, is likely to fall vacant on 31.03.2025, 2 2025:HHC:3046 in GSSS Mashobra, District Shimla. Even, a representation dated 03.02.2025 [Annexure P-2] has been submitted, which is stated to be still pending. 4. Learned Counsel for Petitioner states, on Instructions, that petitioner shall be satisfied, if respondents are directed to decide representation in view of existing transfer norms-policy. 5. Learned State Counsel submits that, in case, the Representation dated 03.02.2025, is still pending, the same shall be examined by Competent Authority, in accordance with law. 6. Taking into account the entirety of facts and circumstances, this Court disposes of the instant writ petition, with the following directions : (i) Respondent No. 2-Director Higher Education, Shimla [HP] is directed to examine the representation dated 03.02.2025 [Annexure P-2] [if not already decided] and then to pass appropriate orders in accordance with law, including Clause 5.1 and Clause 5.5 of Existing Transfer Policy, after affording a personal hearing to petitioner on or before 15.03.2025; (ii) Needless to say that this Court has not adverted to merits of the case and all questions are left upon, which may be examined/considered by 3 2025:HHC:3046 respondents, hereinafter, in accordance with law; (iii) No order as to costs. In aforesaid terms, the instant petition and all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) February 18, 2025 Vacation Judge (Vriti) 4