IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2784 of 2025 Decided on: 4th March, 2025 ------------------------------------------------------------------------------------- Sunita Kumari …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Skandh Shah, Advocate vice Mr. Surya Chauhan, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge CWP No.16558 of 2024 instituted by the petitioner was decided on 30.12.2024 as under:- “Notice. Mr. Sikander Bhushan, learned Deputy Advocate General, accepts notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Petitioner was promoted as Lecturer (History) in the month of October, 2022 and posted as such at Government Senior Secondary School Kathiana, District Hamirpur, Himachal Pradesh. The grievance projected by the petitioner in this petition is that even though she has served for two years at her present place of posting pursuant to her promotion as Lecturer (History), yet it is difficult for her to continue to serve at this place in view of the fact that she has to daily travel for 5 Kms on foot 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 to reach the school. That petitioner’s health condition does not permit her walking for long distance. Learned counsel for the petitioner submits that the petitioner has preferred a representation on 12.12.2024 to respondent No.2 seeking her transfer on the aforesaid ground. Attention was invited to office memorandum dated 01.11.2013 (Annexure P-4) whereby amendments were made in the Comprehensive Guiding Principles 2013 circulated under office memorandum dated 10.07.2013 for transfer inter-alia on the medical and humanitarian grounds. 3. Looking to the projected grievance of the petitioner, this writ petition is disposed of by directing respondent No.2 to consider and decide the aforesaid representation of the petitioner, in accordance with law, after ascertaining the factual position and keeping in view the applicable transfer policy with all its amendments, within four weeks. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of.” 2. Pursuant to the aforesaid directions, respondent No.2-the Director Higher Education, Himachal Pradesh passed an order on 18.01.2025 (Annexure P-7) and found that as on that date, there was no vacancy of choice of the petitioner and that her request for transfer against longer stay cannot be considered during ban on transfers, however, keeping in view petitioner’s medical condition, it was observed that her request for transfer would be considered as and when the ban on transfers will be lifted. 3. Learned vice counsel appearing for the petitioner expressed his apprehension that the respondents will not consider the case of the petitioner even during general transfers unless and until a vacancy occurs. 3 Learned Additional Advocate General has placed on record instructions memo dated 03.03.2025 from respondent No.2, which states that petitioner’s case would be considered for transfer after lifting of ban on transfers. 4. In view of above instructions, learned vice counsel appearing for the petitioner submits that the petitioner would be satisfied with the consideration of her case for transfer during general transfers. On the aforesaid assurance given by respondent No.2, present writ petition is disposed of alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 04, 2025 Judge Mukesh