Himachal Pradesh High Court
CWP/4390/2019 on 30 December 2019
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Writ Petition No.4390 of 2019.
Decided on: 30th December, 2019. Jamna Devi ……Petitioner. Versus State of H.P. & Others .…Respondents.
Coram
The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge. The Hon’ble Mr. Justice Anoop Chitkara, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Rakesh Kumar Dogra, Advocate. For the respondents : Mr. Yudhvir Singh Thakur, Dy. A.G. for respondents No.1 and 2. Dharam Chand Chaudhary, J.
(oral). The petitioner, a JBT Teacher, presently posted in Government Primary School, Kuklah (Saraj-II), Bali Chowki, District Mandi, has filed this writ petition with a prayer to quash the order Annexure P-9, whereby the representation she made consequent upon the judgment dated 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
20.10.2019 Annexure P-4 in CWP No. 3025 of 2019, instituted by her previously has been rejected.
2. True it is that vide Annexure P-4, it was left open to the petitioner to make a representation to respondent No.2 and the said respondent directed to transfer her at a place of her choice including Government Centre Primary School, Lohara (Balh-I), District Mandi, however, in CWP No. 2876 of 2019, respondent No.2 was directed to consider the representation Annexures P-2 and P-3 therein made by Surender Bhardwaj, respondent No.3, for his transfer from Government Primary School Churasani, District Mandi, to one of the places of his choice including Government Centre Primary School, Lohara. The judgment Annexure P-8 is earlier in time, therefore, respondent No.2 has considered the representation of aforesaid Surender Bhardwaj and transferred him to Government Centre Primary School, Lohara (Balh-I) against the vacancy caused by way of retirement on 30.11.2019. It is for this reason when the representation made by the petitioner considered by respondent No.2, she could not be transferred to Government Centre Primary School, Lohara, of course, she has requested for her transfer either to Government Centre Primary School, Ghasnoo, Education Block Balh where the post is likely to fall vacant on retirement of the incumbent presently posted there on 31.3.2020 or at Government Centre Primary School, Purani Mandi, Education Block Sadar-I, where the post, according to the petitioner, is likely to fall vacant on 29.2.2020. It is recorded so in the impugned order Annexure P-9. The writ petition, therefore, is disposed of with a direction to the petitioner to make a representation to respondent No.2 highlighting therein her grievances and for her transfer to the places of her choice including Government Centre Primary School, Ghasnoo and Government Centre Primary School, Purani Mandi or against any other vacant post at a place of her choice, within two weeks from today. The same shall be considered within three weeks thereafter and a conscious decision taken thereon qua her transfer, after affording opportunity of being heard, if required by her. The vacancy likely to become available at Government Centre Primary School, Ghasnoo and Government Centre Primary School, Purani Mandi shall not be filled-up before the representation of the petitioner is decided. Pending application(s), if any, shall also stand disposed of. (Dharam Chand Chaudhary) Judge.
(Anoop Chitkara) Judge. December 30, 2019 (ps)