Himachal Pradesh High Court
CWP/8332/2021 on 30 December 2021
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF DECEMBER, 2021
BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.8332 of 2021
Between:-
RAMNA DEVI
WIFE OF SH. RAJINDER
KUMAR, RESIDENT OF VILLAGE
GHAR KHASS, POST OFFICE
MALKHER, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P.,
PRESENTLY WORKING AS TGT
(NON-MEDICAL), GOVERNMENT
SENIOR SECONDARY SCHOOL,
MULTHAN (CHHOTTA BHANGAL),
DISTRICT KANGRA, H.P.
.....PETITIONER
(BY MS. ANUBHAV CHOPRA,
ADVOCATE)
AND
1.
STATE OF H.P.,
THROUGH ADDITIONAL CHIEF
SECRETARY, (EDUCATION) TO
THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA.
2.
DIRECTOR,
ELEMENTARY EDUCATION,
LALPANI, SHIMLA
3.
DEPUTY DIRECTOR,
ELEMENTARY EDUCATION,
LALPANI, SHIMLA.
4.
PRINCIPAL,
GOVERNMENT SENIOR SECONDARY
SCHOOL, MULTHAN (CHHOTTA
BHANGAL), DISTRICT KANGRA, H.P.
.....RESPONDENTS
(BY MR. VIKRANT CHANDEL,
DEPUTY ADVOCATE GENERAL)
This petition coming on for admission this day, Hon’ble Ms. Justice Sabina, passed the following:
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O R D E R
Petitioner has filed the petition under Article 226 of the constitution of India, seeking following relief:- “A writ of mandamus may kindly be issued by directing the respondent authorities to decide the representation of the petitioner dated 12.11.2021 and transfer the present petitioner against the longer stay of the incumbents at Government Senior Secondary School, Ghar Khass, P.O. Malkher, Tehsil Palampur, District Kangra, H.P., Government Middle School, Chander under complex Senior Secondary School, Dhati, District Kangra, Government Senior Secondary School, Snooh, District Kangra, H.P. GSSS, Bichwai and GSSS Thural, District Kangra, H.P., as the petitioner has already completed more than three years and eight months of stay at present place of posting which is categorized as most difficult/ Sub-cadre/harder area.”
2. Learned counsel for the petitioner has submitted that the petitioner has completed her normal tenure in hard/difficult area. Petitioner had made representation (Annexure P-1) to respondent No.2 for her posting to a soft area, in terms of the transfer policy dated 10.7.2013. However, no action has been taken on her representation so far.
3. Mr. Vikrant Chandel, learned Deputy Advocate General, has submitted that the representation moved by the petitioner is not in terms of the transfer Policy.
4. Accordingly, without adverting to the merits of the case, this writ petition is disposed of by giving liberty to the petitioner to approach respondent No.2 by making a fresh representation, in terms of transfer Policy dated 10.7.2013, within a week from today and in case the petitioner moves such representation, then respondent No.2 is directed to consider and dispose of the same, in accordance with law, within two weeks from the date of receipt of the same along with a copy of this order. Pending application(s), if any, also stand disposed of.
(Sabina) Judge (Satyen Vaidya)
Judge December 30, 2021 (ps/vh)