Himachal Pradesh High Court
Smt. Kamlesh Devi vs State Of Himachal Pradesh on 20 April, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 19th DAY OF APRIL, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
.
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION NO. 1931/2022
BETWEEN:
SMT. KAMLESH DEVI, W/O SH. JARNAIL SINGH,
R/O VPO BAROT, TEHSIL FATEHPUR, DISTT. KANGRA,
H.P., PRESENTLY WORKING AS HT AT GPS KANDOR,
EDUCATION BLOCK FATEHPUR, DISTT KANGRA (HP) AGED
ABOUT 56 YEARS (DOB: 22.4.1966)
....PETITIONER
(BY MR. NARESH KAUL, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (EDUCATION)
TO THE GOVT. OF HIMACHAL PRADESH,
SHIMLA-1.
2. THE DIRECTOR OF ELEMENTARY EDUCATION,
LALPANI, SHIMLA-1.
3. SH. RAKESH PATHANIA (MLA), S/O SH. (NOT
KNOWN TO THE PETITIONER AT PRESENT,
R/O VILL. &PO BASSA WAZIRAN, TEHSIL NURPUR,
DISTT. KANGRA, H.P.
4. SH. ASHA DEVI, W/O SH. RAVINDER KUMAR,
RESIDENT OF VILLAGE AND POST OFFICE
KANDOR, TEHSIL FATEHPUR,
DISTT. KANGRA, H.P. ...RESPONDENTS
(BY MR. ASHOK SHARMA, A.G.
WITH MR. RAJINDER DOGRA,SR. ADDL. A.G.,
MR. SHIV PAL MANHANS, MR. VINOD THAKUR, ADDL.A.GS.
& MR. BHUPINDER THAKUR, DY.A.G FOR R-1 & R-2)
__________________________________________________________________
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2
This petition coming on for admission after notice this
day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
following:
ORDER
.
Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following substantive reliefs:
"a) that a writ in the nature of certiorari may kindly be issued and the impugned order dated 29.3.2022 (Annexure P-3) may be quashed and set aside qua the petitioner and respondent No.4, whereby the transfer order has been issued just after 8 months time from 24.7.2021 (Annexure P-2) from GPS Badiali, Education Block Fatehpur to GPS Kandor, Distt. Kangra, H.P., Distt. Kangra, H.P., due to the issuance of DO note no. 381350 dated 22.3.2022 by the respondent No.3, in the interest of law, equity and justice.
b) that the respondents may be directed to allow the petitioner & respondent No.4 to continue as HT at GPS Kandor and GPS Badiali, Education Block Fatehpur, Distt.
Kangra, H.P. ,when the respondent No.4 has joined in compliance to P-2 on 24.7.2021 (8 months back) and petitioner has left about 2 years time for superannuation in the interest of law and justice."
2 Records produced by the respondents-State reveal that the transfer of the petitioner is not simpliciter, but has been effected solely on the basis of D.O. note without there being any independent application of mind by the concerned administrative ::: Downloaded on - 20/04/2022 20:06:53 :::CIS 3 authority. Obviously, in such circumstances, impugned transfer order cannot sustain and is accordingly quashed and set aside.
3 The petition is allowed, in the aforesaid terms.
Pending application(s), if any, also stands disposed of. The .
parties are left to bear their own costs.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) 19.4.2022 Judge (pankaj) ::: Downloaded on - 20/04/2022 20:06:53 :::CIS