CWP/10733/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.10733 of 2023

Decided on: 29th December, 2023 ___________________________________________________________ Suman Kumari

....Petitioner Versus

State of H.P. and another

……Respondents

Coram

Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting?

For the petitioner: Mr. Surinder Prakash Sharma, Advocate.

For the respondents: Mr. Vishal Panwar, Additional Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the orders intended to be passed herein.

3. The petitioner has approached this Court with the

Whether reporters of Local Papers may be allowed to see the judgment?

following prayer:- “That writ of mandamus may kindly be issued, directing the respondents to transfer the petitioner within a time bound period from the present place of posting to Government I.T.I. Chintpurni at Nehrian, District Una, H.P., where the post of Instructor, Dress Making is going to fall vacant due to retirement of Smt. Jeevan Kumari on 31.12.2023, keeping in view the adverse family circumstances of the petitioner as well as provisions of Clause 5.4, 5.5 and 10 of the transfer policy framed by the State Government.”

4. The petitioner is an Instructor [Dress Making] in Industrial Training Institute, Gangath, District Kangra, H.P. She has completed the normal tenure at the present station.

5. The only grievance of the petitioner is that she has made a representation on 08.11.2023 [Annexure P-1], seeking consideration of her representation, in terms of Clauses 5.4 and 5.5 of the Transfer Policy in view of the factum of a couple case and approaching retirement. The petitioner, in her representation, has pointed out various hardships also.

6. In normal parlance, this Court would not have interfered in the matter, but once the petitioner being an

employee of the State Government, has made a representation to the Competent Authority/Respondent No.2- Director, Technical Education, Vocational and Industrial Training, Sundernagar, District Mandi, H.P. [Annexure P-1], then the respondents are bound to consider the grievances, in terms of the Transfer Policy. This right of consideration accrues to the petitioner, in terms of the mandate in case of Shilpi Bose (Mrs.) and others versus State of Bihar and others, 1991 Supp (2) SCC 659 and the mandate of law passed by the Hon’ble Supreme Court, in the case of State of U.P. and others versus Gobardhan Lal, (2004) 11 SCC 402.

7. In these circumstances, this Court directs Respondent No.2-Director, Technical Education, Vocational and Industrial Training, Sundernagar, District Mandi, H.P., to consider/decide the representation dated 08.11.2023 [Annexure P-1] and pass appropriate orders, within three weeks from today.

8. Needless to say that, this Court has not adverted to the merits of the matter and all questions of facts and law are left open.

In the aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.

(Ranjan Sharma)

Judge December 29, 2023 (Bhardwaj)