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2025 DAILYLAW 7254 (HP)

RAJINDER KAUR v. STATE OF HP AND ANOTHER

CWP/2463/2025 · 2025-02-19

Ranjan Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2463 of 2025 Decided on : 19 th February , 2025 __________________________________________________________ Rajinder Kaur ...Petitioner Versus State of HP & Anr. ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No. For the petitioner : Mr. Vinod Chauhan with Mr. Vivek Thakur,Advocates. For the respondents : Mr. Baldev Singh Negi, 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, Rajinder Kaur; a Language Teacher, has come up before this Court, seeking the following reliefs: i) That respondent No. 2 may kindly be directed to consider the representation Annexure P-1 in time bound manner in the interest of justice. ii) That the respondents may kindly be directed to consider the case of the petitioner for his 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes transfer from present place of posting to GSSS Dalhousie, District Chamba. 3. In the background of prayer(s) referred to above, Learned Counsel on Instructions states that on account of hardships, the petitioner has made a Representation to Deputy Director Elementary Education, Chamba on 30.01.2025 [Annexure P-1], requesting for considering her case for transfer as Language Teacher from GHS Tikkar U/C GSSS Guniala, District Chamba to GSSS Dalhousie, District Chamba, which is stated to be pending, as on day. 4. Per contra, Learned State Counsel submits that, in case, the representation dated 30.01.2025 [Annexure P-1] is still pending, the same shall be examined, subject to administrative requirements needs, in accordance with law, by the Competent Authority, Director of Elementary Education, Himachal Pradesh. 5. Taking into account the entirety of facts and circumstances and the prayer made by learned counsel for petitioner, on instructions, and leaving all questions open, this court, disposes of the instant writ petition, with the following directions : (i) Respondent No. 2-Director Elementary Education, Himachal Pradesh is directed to examine the Representation 2 dated 30.01.2025 [Annexure P-1], submitted by petitioner to Deputy Director Elementary Education, Shimla [if not already decided] and to pass appropriate orders thereon, in accordance with law, after affording a personal hearing to petitioner on or before 21.03.2025; (ii) Needless to say that this Court has not adverted to the merits or claims and contentions of the petitioner as raised in the Representation dated 30.01.2025 [Annexure P-1] or the Writ Petition, which, are left to be examined independently by respondent No.2 as aforesaid; (iii) No order as to costs. 6. In aforesaid terms, the instant petition and all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) February 19, 2025 Vacation Judge (Vriti) 3