Himachal Pradesh High Court
Smt. Neelam vs State Of Himachal Pradesh on 9 May, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9TH DAY OF MAY 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION NO. 2855 OF 2022
Between:-
SMT. NEELAM
W/O SH. DILIP SINGH,
R/O VILLAGE & POST OFFICE DUGANA,
TEHSIL KAMRAU, KANDON DUGANA (242),
SIRMOUR, HIMACHAL PRADESH
PIN 173 029,
AGED ABOUT 32 YEARS,
OCCUPATION: PRESENTLY POSTED AS TGT ARTS
AT GHS POCCA, U/C GOVT. HIGH SCHOOL SATAUN,
DISTRICT SIRMAUR, HP.
PETITIONER
(BY MR. RAJESH KUMAR PARMAR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY EDUCATION
HP SECRETARIAT, SHIMLA HP
2. THE DIRECTOR OF ELEMENTARY EDUCATION
HIMACHAL PRADESH, LALPANI,
SHIMLA HP.
RESPONDENTS
(BY MR. NAND LAL THAKUR,
ADDITIONAL ADVOCATE GENERAL)
___________________________________________________________
This petition coming for orders this day, Hon'ble Mr. Justice Sandeep
Sharma, passed the following:
ORDER
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2
By way of the present petition, the petitioner has prayed for the following main relief(s):
"(i) by way of the writ, order or directions in the nature of Writ of .
Mandamus against the respondents to decide, consider & allow the representation (Annexure P-1) of the petitioner and transfer her to School situated in Kullu or near Kullu, Station, so she along with her child and Mother in law can live with her husband, in the interest of justice, equity and fair play."
2. The petitioner is working as a Trained Graduate Teacher (Arts) in the respondent Department and her husband is stated to be working as an Assistant Programmer in Civil and Sessions Division Kullu. The couple has four year old child and as such, are finding it difficult to cope up with the circumstances, being posted at far stretched distance. It is averred in the petition that Clause 5.4 of the Comprehensive Guiding Principles-
2013 provides for posting couples at one place/nearby places and as such, petitioner seeks protection of aforesaid clause, by posting her at Kullu, where husband is working. For the purpose, she has represented umpteenth times to the respondents, firstly on 7.4.2022 (Annexure P-4) and lately on 21.4.2022 (Annexure P-6). The aforesaid two representations have not been decided as yet by the respondents/competent Authority.
3. In these circumstances, without commenting upon the merits of the case, we dispose of the present writ petition by directing respondent No.2 to decide representations, Annexure P-4 and P-6 within a period of three weeks from today, in light of the relevant provision of the Comprehensive ::: Downloaded on - 09/05/2022 20:05:44 :::CIS 3 Guiding Principles-2013. Needless to say, the concerned authority, while doing the needful in terms of this order, shall afford opportunity of hearing to the petitioner and pass a speaking order thereupon. Petitioner shall be .
at liberty to file appropriate proceedings before appropriate court of law, if she still remains aggrieved.
4. The petition stands disposed of alongwith all pending applications.
Copy Dasti.
(Mohammad Rafiq)
Chief Justice
r (Sandeep Sharma)
Judge
May 9, 2022
(Vikrant)
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