Himachal Pradesh High Court
Rita Devi vs State Of Himachal Pradesh on 11 March, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 11th DAY OF MARCH, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.499 of 2022
Between:-
RITA DEVI,
r to
WIFE OF SH. PREM SINGH,
RESIDENT OF VILLAGE PADHRU,
POST OFFICE BAGGI, TEHSIL BALH,
DISTRICT MANDI, (H.P.)
....PETITIONER
(BY MR. KULWANT CHAUHAN,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY (EDUCATION),
GOVERNMENT OF H.P., SHIMLA-2
2. THE DIRECTOR OF ELEMENTARY
EDUCATION OF HIMACHAL PRADESH,
SHIMLA (H.P.)
....RESPONDENTS
(BY MR. KAMAL KANT,
DEPUTY ADVOCATE GENERAL)
::: Downloaded on - 14/03/2022 20:11:17 :::CIS
2
This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
.
Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:-
"i). That the writ in the nature of mandamus with the direction of the respondent to transfer petitioner by taking into consideration that she has completed her normal period of stay/posting at her present place of posting i.e. Government Senior Secondary School, Sanglawara, district Mandi, (HP) or in alternative respondents may kindly be directed to transfer petitioner by taking into consideration clause 5.4 of the Transfer Policy.
ii) That the respondent may kindly be directed to consider the case of the petitioner in view of Annexure P-4 i.e., representation to transfer her near to her native place or stations of her choice."
2. Learned counsel for the petitioner has submitted that the petitioner has completed her normal tenure in the sub-cadre/Rural area and is now entitled for her transfer to a soft area, in terms of the transfer policy dated 10th July, 2013. Representation, Annexure P-4, moved by the petitioner in this regard to the respondents has not been decided so far.
3. Learned Deputy Advocate General has submitted that the representation moved by the petitioner is not in terms of the transfer policy dated 10th July, 2013.
::: Downloaded on - 14/03/2022 20:11:17 :::CIS 34. Accordingly, without adverting to the merits of the case, this writ petition is disposed of with a direction that in case the .
petitioner moves a fresh representation to respondent No.2, in terms of the transfer policy, dated 10th July, 2013, within a week from today, then the said respondent shall dispose of the same within two weeks of the receipt of the representation, in accordance with law. Pending application(s), if any, also stand disposed of.
r to (Sabina)
Judge
(Satyen Vaidya)
Judge
March 11, 2022.
(ps/vh)
::: Downloaded on - 14/03/2022 20:11:17 :::CIS