Himachal Pradesh High Court
Kamla Devi vs State Of H.P. & Anr on 18 August, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.5407 of 2023 Decided on: 18th August, 2023 _________________________________________________________________ .
Kamla Devi ....Petitioner
Versus
State of H.P. & Anr. ...Respondents
_________________________________________________________________ of Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? Yes rt _________________________________________________________________ For the petitioner: Mr. Parkash Sharma, Advocate.
For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rupinder Singh Thakur & Mr. Y. P .S. Dhaulta, Additional Advocates General and Mr. Rajat Chauhan, Law Officer.
Jyotsna Rewal Dua, Judge The case It is a peculiar one of its kind case where the employee has managed to obtain D.O. notes from the Competent Authority at her asking for her transfer from Sanjauli, Shimla to Chakkar, Shimla, on the ground that she is a heart patient and under treatment at Indira Gandhi 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 22/08/2023 20:32:29 :::CIS -2-Medical College and Hospital (IGMC), Shimla. The employee has instituted present petition, seeking implementation of such D.O. notes.
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2. Facts 2(i) Petitioner is presently aged around 50 years and belongs to VPO Nerwa, Tehsil Nerwa, District Shimla, H.P. She was appointed as Supervisor on 02.06.2016 by the of respondent-Department under Integrated Child Development Scheme (ICDS in short). The respondents have provided rt following incumbency position of the petitioner: -
Name D.O.B. Previous Posting stations with period.
Smt. Kamla Ranta 10.07.1972 On contract basis:
(Supervisor)
1. Supervisor Circle Kuddu/Jubbal:
02.02.2016 to 26.08.2016
2. Bharanoo/Chopal:
27.08.2016- to
10.10.2019 (on
contract)
On regular basis
Supervisor Circle
Bharanoo/Chopal
11.10.2019- to
18.06.2020.
3. Supervisor Circle
Sanjauli/ICDS Project
Shimla(U):
19.06.2020 to date.
The distance between Chopal, where the petitioner ::: Downloaded on - 22/08/2023 20:32:29 :::CIS -3- remained posted from 2016 to 2020 and her native place Nerwa is stated to be around 20-25 kilometers. The petitioner in her capacity as Supervisor has rendered her service nearby .
her home town i.e. Nerwa-Chopal. On 19.06.2020, she was posted as Supervisor in Supervisor Circle Sanjauli, Shimla where she is serving till date.
2(ii) One Smt. Narvada Sharma, (not a party to the of petition) is also working as Supervisor under ICDS of the respondents- Department. Her incumbency position provided rt by the respondents is as under:-
Name D.O.B Previous posting stations with period Smt. 19.01.1976 1. Bharari/Ghumarwin:
Narvada 31.08.2005 to 13.09.2006. Sharma 2. Naldehra/Basantpur:
14.09.2006 to 22.02.2014.
3. Malyana/Mashobra:
22.02.2014 to 31.12.2016.
4. Totu/Mashobra:
02.01.2017 to 26.06.2019
5. New Shimla/Shimla(U) 27.06.2019 to 09.04.2021
6. Chakkar/Shimla (U):
09.04.2021 to date.
But for perhaps few months of service in Ghaumarwin, District Bilaspur during the years 2005-06, Smt. Narvada Sharma has rendered her service throughout in and around Shimla city. Smt. Narvada Sharma is serving at Chakkar, Shimla w.e.f. 09.04.2021.
::: Downloaded on - 22/08/2023 20:32:29 :::CIS -4-2(iii) The petitioner filed this writ petition with the grievance that she had made a written request to the Director Women and Child Development, Himachal Pradesh .
(Respondent No.2) on 27.05.2023 (Annexure P-2) to transfer her on medical ground on mutual consent basis vice Smt. Narvada Sharma, from ICDS Supervisor Circle Sanjauli to Supervisor Circle Chakkar, Shimla. The reason stated in the of representation, seeking transfer, was that 'the petitioner was patient of heart disease and under treatment at IGMC, rt Shimla'. Her case is that the competent authority had recommended her transfer from Sanjauli, Shimla to Chakkar, Shimla however, same was not being given effect to by the respondents. The substantive relief prayed by her runs as under:-
(i) That the respondent No.2 may kindly be directed to implement the order dated 03.04.2023 at Annexure P-1, whereby the competent authority has approved the transfer of the petitioner from Supervisor Circle Sanjauli to Supervisor Circle Chakkar (CDPO Urban Shimla) on mutual basis, within a time bound manner."
3. On being put to notice, the respondents produced the record of the case. The copies of the relevant record have been made part of the Court file. On the basis of ::: Downloaded on - 22/08/2023 20:32:29 :::CIS -5- record, it has been submitted for the respondents that:-
3(i) D.O. note No.26598 was issued from the office of Competent Authority on 03.04.2023 approving transfer of the .
petitioner from ICDS Supervisor Circle Sanjauli, Shimla to ICDS Supervisor Circle Chakkar, Shimla vice Smt. Narvada Sharma, Supervisor, on mutual consent basis. This was in relaxation of ban on transfers and supersession of previous of orders. This was also in condonation of short stay of the petitioner /Smt. Narvada Shamra at present place of posting.
rt 3(ii) On approval of the transfer of the petitioner from ICDS Supervisor Circle Sanjauli, Shimla to ICDS Supervisor Circle Chakkar, Shimla by the Competent Authority, the respondent-department proceeded with the case. However, the note could not be given effect to in view of Code of Conduct put in place on account of ensuing elections of Municipal Corporation, Shimla. Thereafter some disciplinary issue was found to be involved in the matter. Hence, further action was deferred.
3(iii) Petitioner's transfer to ICDS Supervisor Circle Chakkar, Shimla vice Smt. Narvada Sharma was once again approved by the Competent Authority on 10.08.2023. The ::: Downloaded on - 22/08/2023 20:32:29 :::CIS -6- second DO note No.56414 was accordingly issued in her favour from the office of Competent Authority.
As observed earlier, the petitioner has made out a .
grievance in this writ petition that the D.O. note issued in her favour by the competent authority for her transfer from ICDS Supervisor Circle Sanjauli, Shimla to Chakkar Shimla, has not been given effect to by the respondents till date.
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4. Heard learned counsel on both sides and considered the case file as well as the record produced by the rt respondents.
4(i) Present is a classic example where an employee working as Supervisor in ICDS Supervisor Circle Sanjauli has managed to obtain D.O.notes not once but twice for her transfer from Sanjauli to Chakkar on the projected ground raised in the petition that she was a heart patient and under treatment at IGMC Shimla. Both the places i.e., Sanjauli, where the petitioner is presently posted and Chakkar where the petitioner desired to be transferred, are within Shimla city. Both the D.O. note, one issued in April and the other issued in August, 2023, have been approved by the Competent Authority ::: Downloaded on - 22/08/2023 20:32:29 :::CIS -7- 4(ii) It appears that the petitioner posted in Shimla and nearing the end of her normal tenure in Shimla, wanted to continue in Shimla. At the time of requesting for the first .
D.O. note, the petitioner had represented to the competent authority on 18.03.2023, seeking her transfer from Sanjauli to Chakkar on mutual consent basis appending therewith the consent of Smt. Narvada Sharma. The reason given for this of transfer/ adjustment was that her old aged parents were residing near VPO Rajhana Kasumpti, Constituency; They rt needed medical care and supervision; In case of emergency, they were totally dependent upon her. Her representation dated 18.03.2023, eventually led to issuance of D.O. note No.26598 dated 03.04.2023, which reads as under: -
"Smt. Kamla Ranta, ICDS Supervisor may be transferred in condonation of short stay less than two years without TTA/JT from ICDS Circle Sanjauli to ICDS Circle Chakkar, Shimla vice Smt. Narvada Sharma, Supervisor on mutual basis, in relaxation of ban on transfer and in supersession of all previous orders (mutual consent may be obtained first) Director, Women & Child Dev. Cedar Home, Brentwood Estate, Himland Shimla(HP) is requested to take necessary action accordingly and report compliance."
Petitioner's transfer from Sanjauli to Chakkar did ::: Downloaded on - 22/08/2023 20:32:29 :::CIS -8- not materialize despite issuance of the D.O. note in April 2023, initially on account of Code of Conduct having been put in place on account of Municipal Corporation Shimla .
elections and thereafter on account of some disciplinary issue being involved in the matter.
4(iii) The petitioner thereafter, again represented directly to the competent authority on 27.05.2023 (Annexure of P-2) seeking her transfer from ICDS Supervisor Circle Sanjauli to ICDS Supervisor Circle Chakkar Shimla. This rt time, the stated reason was that she herself was a patient of heart disease and under treatment at IGMC Shimla.
Petitioner's request was again considered by the Competent Authority. It resulted in issuance of another D.O. note No.56414 dated 10.08.2023. The approval granted by the Competent Authority runs as under:-
"Smt. Kamla Ranta, ICDS Supervisor may be transferred without TTA/JT from Circle Sanjauli under CDPO (Shimla Urban) to Circle Chakkar, Urban Shimla vice Smt. Narvada Sharma, ICDS Supervisor and vice versa on mutual basis in condonation of short stay and in relaxation of ban on transfers (mutual consent may be obtained first) Director, Women & Child Dev. Cedar Home, Brentwood Estate, Himland Shimla (HP) is requested to take necessary action accordingly and report ::: Downloaded on - 22/08/2023 20:32:29 :::CIS -9- compliance."
4(vi) Though the petitioner had instituted the present writ petition seeking implementation of the order dated .
03.04.2023, whereby the competent authority vide D.O. note No.26598 had approved her transfer from ICDS Supervisor Circle Sanjauli to ICDS Supervisor Circle Chakkar Shimla, the fact remains that the petition is premature as no transfer of order, upon the D.O. note, has ever been issued by the respondent-department. Petition seeking implementation of rt D.O. note is otherwise misconceived and is dismissed.
5. This case has brought into focus the pivotal issue about abuse of system by unscrupulous persons like the petitioner, who have managed to obtain D.O. notes at the asking for their transfers on mutual consent basis from one place to another in the heart of Shimla city. For instance, in the instant case, firstly on the projected ground of illness of petitioner's parents and thereafter by presenting that the petitioner herself is under treatment at IGMC Shimla, the petitioner secured two D.O. notes in succession for her transfer from Sanjauli, Shimla to Chakkar, Shimla. The record produced by the respondents does not show any ::: Downloaded on - 22/08/2023 20:32:29 :::CIS
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documents accompanying petitioner's representations in support of her such contentions. No such document has been made part of the petition as well. It appears that the veracity .
and justifiability of the grounds taken by the petitioner for her transfer from Sanjauli, Shimla to Chakkar, Shimla have gone unexamined. The case has highlighted immediate need of hour for revamping the existing system even at the highest of offices. Some filters are required to be put in place at appropriate stage rt for examining/considering such like requests. Some circumspection in considering such like cases is also required to be exercised. It would perhaps be appropriate if suitable mechanism for gauzing individual cases is put in place even in the highest offices while considering the request of the employees for their transfers to ensure that same are in accordance with law, transfer policy, satisfy the applicable conditions & laid down parameters. It is hoped and expected that appropriate call in the matter shall be taken by the respondents in accordance with law for addressing the issue.
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With the above observations, the present writ petition is dismissed, so also the pending miscellaneous application(s), if any.
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Jyotsna Rewal Dua Judge August 18, 2023 of R.Atal rt ::: Downloaded on - 22/08/2023 20:32:29 :::CIS