Himachal Pradesh High Court
CWP/3109/2010 of CHANDER KALA Vs STATE on 30 December 2010
COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3109 of 2010. Reserved on: 28.12.2010 Date of decision: 30.12.2010 Chander Kala …. Petitioner Versus State of H.P. & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 3109 of 2010. Reserved on: 28.12.2010 Date of decision: 30.12.2010
Chander Kala
…. Petitioner
State of H.P. & ors.
Versus
….. Respondents
Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: Mr.Sanjeev Bhushan, Advocate.
For the respondents: Mr.Ramesh Thakur, Dy.AG for respondents No.1 and 2. Mr.Raj Kumar Negi, counsel for respondent No.3.
Deepak Gupta, J.
By means of this petition, the petitioner has challenged the order dated 2.6.2010, Annexure P/3 whereby she has been transferred from Government Senior Secondary School, Ghanahatti to Government Senior Secondary School, Basantpur.
Briefly stated the facts of the case are that the petitioner is working as a Lecturer (Hindi) School Cadre. She joined her services in the year 2000 and initially, she served at Government Senior Secondary School, Banuna from 11.5.2000 to June, 2004. Thereafter, she was transferred to Government Senior Secondary School, Chail Koti. The petitioner served there for two years and was then transferred to Government Senior Secondary School, Totu on 21.7.2006. Thereafter, on 25.3.2010, she was transferred to Government Senior Secondary School, Ghanahatti and now vide impugned order dated 2.6.2010 she has been again transferred from G.S.S.S, Ghanahatti to Government Senior Secondary School, Basantpur.
Sh.Sanjeev Bhushan, learned counsel for the petitioner urges that the petitioner has been transferred after a short stay of hardly three months at Ghanahatti.
Reply has been filed by the respondents. Chail Koti is barely at a distance of 25 kms. from Sanjauli where the petitioner resides. Thereafter, she was transferred to G.S.S.S, Tutu which is on the outskirts of Shimla and then to Ghanahatti which is barely 8 kms from Totu and is about 16 Kms. from Shimla. It is thus apparent that the petitioner had somehow managed to stay in the vicinity of Shimla and within a radius of about 25 kms. for the last more than six years. Even now, the petitioner has been transferred to Basantpur which is less than 50 kms. from Shimla. No employee has a right to stay at the place of his/her choice indefinitely. Therefore, I find no merit in the petition which is accordingly rejected. No order as to costs.
December 30, 2010 (m)
(Deepak Gupta) Judge