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2025 DAILYLAW 7315 (HP)

ANJANA KUMARI v. STATE OF HP AND ANOTHER

CWP/2460/2025 · 2025-02-19

Ranjan Sharma

body2025

Judgment text

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2025:HHC:3048 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No:2460 of 2025 Decided On : 19th February, 2025 __________________________________________________________ Anjana Kumari ...Petitioner Versus The State of H.P. & anr. ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : Mr. Baldev Singh Negi, Additional Advocate General. Ranjan Sharma, Judge [Oral] Heard. Mr. Baldev Singh Negi, Learned Additional Advocate General, accepts and waives service of notice on behalf of the respondents. Petitioner [Anjana Kumari, has come up before this Court seeking the following relief(s):- “(i). That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and the respondent department may kindly be directed to post the petitioner at one of the station of his choice in his home district i.e. Hamirpur.” 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:3048 - 2 - 2. Learned counsel for the petitioner, on the basis of the material on the record and on Instructions, that the petitioner shall be satisfied, in case, the Respondent No.2-Director, Elementary Education, Himachal Pradesh, is directed to examine the representation dated 21.06.2024 [Annexure P-1] for considering her case for transfer in view of hardships from present place of posting i.e. GHS Bhated, in District Bilaspur to place in District Hamirpur. 3. Per contra, Learned State Counsel states that in case the representation dated 21.06.2024 [Annexure P-1] is pending as on day, the same shall be examined in accordance with law, subject to administrative feasibility, requirements and need, by competent authority. 4. Taking into account the entirety of the facts and circumstances and the limited prayer made by Learned Counsel for petitioner on Instructions and leaving all questions open, this Court, disposes of the instant petition with the following directions:- 2025:HHC:3048 - 3 - (i). Respondent No.2-Director, Elementary Education, Himachal Pradesh is directed to examine the representation dated 21.06.2024 [Annexure P-1], in accordance with law after affording a personal hearing the Petitioner [Anjana Kumari] on or before 15.03.2025; (ii). Needless to say that this Court has not adverted to the merits, claim and contentions, raised in the representation or which are left to be examined by Respondent No.2, aforesaid, independently, in accordance with law. (iii). No order as to costs. In view of the above, the instant petition is disposed of so as to pending miscellaneous application(s), if any. (Ranjan Sharma) February 19, 2025 Vacation Judge (Shivender)