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Himachal Pradesh High Court

High School Saili vs State Of Himachal Pradesh on 6 December, 2021

Bench: Sabina, Jyotsna Rewal Dua

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 6th DAY OF DECEMBER, 2021
                                BEFORE




                                                            .
                       HON'BLE MS. JUSTICE SABINA





                                   &
             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





                 CIVIL WRIT PETITION No.7695 of 2021
           Between:-

           MS. MEENA KUMARI
           WIFE OF SHRI SIDDHARATH RIKHI,





           AGED 39 YEARS, RESIDENT OF
           KRISHNA NAGAR, WARD NO.6,
           VILLAGE AND POST OFFICE MEHRE,
           TEHSIL BARSAR, DISTRICT HAMIRPUR,

           PRESENTLY WORKING AS
           TGT (MEDICAL) IN GOVERNMENT

           HIGH SCHOOL SAILI
           U/O GOVERNMENT SENIOR SECONDARY
           SCHOOL AURA, TEHSIL BHARMOUR,
           DISTRICT CHAMBA (H.P.



                                                       .....PETITIONER

           (BY SH. ASHOK CHAUDHARY, ADVOCATE)




           AND





      1.     STATE OF HIMACHAL PRADESH
             THROUGH ITS ADDITIONAL
             CHIEF SECRETARY (EDUCATION)





             TO THE GOVT. OF HIMACHAL PRADESH,
             SHIMLA-171002

      2.     THE DIRECTOR OF
             ELEMENTARY EDUCATION, SHIMLA (HP)

                                             .....RESPONDENTS

         (BY MS. SEEMA SHARMA, DEPUTY ADVOCATE GENERAL)
    ________________________________________________________________




                                           ::: Downloaded on - 31/01/2022 23:23:26 :::CIS
                                              2


                   This petition coming on for admission this day,

    Hon'ble Ms. Justice Sabina, passed the following:

                                   ORDER

.

The petitioner has filed the present petition under Article 226 of the Constitution of India, seeking mainly the following relief:-

"A That a writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to transfer the Petitioner from Tribal area of District Chamba, to any station of her choice, that too without waiting for any substitute."

2. Learned counsel for the petitioner submitted that the petitioner had joined as TGT (Medical) on 13th March, 2019 at Government High School Sailli U/c Government Senior Secondary School Aura, Tehsil Bharmour, District Chamba, H.P., which is a tribal area. The petitioner has completed her normal tenure in the tribal/difficult area and has moved a representation, Annexure P-1, to respondent No.2 for her posting to soft station. However, no action has been taken on the said representation so far.

2. After hearing the learned counsel for the parties and without adverting to the merits of the case, we deem it appropriate to dispose of the writ petition with liberty to the petitioner to move a fresh representation to respondent No.2 ::: Downloaded on - 31/01/2022 23:23:26 :::CIS 3 within a week in terms of guidelines laid in the Transfer Policy dated 10th July, 2013 and further direct respondent No.2 to dispose of the said representation within fifteen days from its .

receipt alongwith copy of this order.

Miscellaneous application(s), if any, also stand disposed of.

Copy dasti.

(Sabina) Judge (Jyotsna Rewal Dua) Judge December 06, 2021 (R.Atal) ::: Downloaded on - 31/01/2022 23:23:26 :::CIS