Himachal Pradesh High Court
Poonam Thakur vs State Of H.P. And Others on 3 March, 2020
Bench: L. Narayana Swamy, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.993 of 2020
Decided on: 3rd March, 2020
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Poonam Thakur
.....Petitioner
Versus
State of H.P. and others
.....Respondents
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Coram
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
Whether approved for reporting?1
For the Petitioner: Mr. Naresh Kaul, Advocate.
For the Respondents: Mr. Ashok Sharma, Advocate General,
with Mr. J.K. Verma, Mr. Ranjan
Sharma and Ms. Ritta Goswami,
Additional Advocates General, for
respondents No.1 to 3.
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Jyotsna Rewal Dua, Judge (Oral)
Notice. Mr. J.K. Verma, learned Additional Advocate General, waives service of notice on behalf of respondents No.1 to 3. In view of the nature of order being passed hereinafter, no notice is required to be issued to private respondent No.4.
2. By way of this writ petition, the petitioner lays challenge to office order dated 21st November, 2019 ::: Downloaded on - 04/03/2020 20:26:13 :::HCHP 2 (Annexure P-6), whereby she has been transferred from GPS Bakhalag, Education Block Arki to GPS Jabal, Education Block Arki, vice respondent No.4. The challenge .
to the transfer order is on the grounds that: the transfer has been made on the basis of a D.O. note just to accommodate respondent No.4; the transfer order was issued when the petitioner herself was on maternity leave w.e.f. 14.09.2019 to 13.03.2020 and; she has recently been blessed with a daughter, presently aged five months and has to look after her. It has also been submitted in the petition that the petitioner has preferred representation dated 07.02.2020 (Annexure P-7) to the Hon'ble Education Minister, Himachal Pradesh, with a copy to respondent No.2, seeking her adjustment at GPS Deeb, Post Office Ghanagughat, Tehsil Arki, against a post allegedly lying vacant, but the same is pending consideration till date.
3. In view of the above submissions and considering the fact that the petitioner has already completed her normal tenure at the present place of posting, we deem it appropriate to dispose of the present writ petition with a direction to respondent No.2 to consider and decide the aforesaid representation (Annexure P-7) in ::: Downloaded on - 04/03/2020 20:26:13 :::HCHP 3 accordance with law and transfer policy within a period of two weeks from today. Till that time, the post of JBT stated to be lying vacant at present at GPS Deeb, Post Office .
Ghanagughat, Tehsil Arki, shall not be filled up, if not already filled.
4. The writ petition stands disposed of, so also pending application(s), if any.
Copy dasti.
r (L. Narayana Swamy)
Chief Justice
(Jyotsna Rewal Dua)
Judge
March 03, 2020
Mukesh
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