Himachal Pradesh High Court
Mamta Sharma vs State Of Hp And Others on 5 August, 2019
Bench: V. Ramasubramanian, Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
CWP No.1640 of 2019.
Decided on: 05.08.2019
Mamta Sharma .....Petitioner.
Versus
State of HP and others ......Respondents.
Coram
The Hon'ble Mr. Justice V. Ramasubramanian, Chief Justice. The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?
For the petitioner: Mr. Rajesh Kumar, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General with M/s Ashwani Kumar Sharma and Nand Lal Thakur, Additional Advocate Generals for respondents No. 1 and 2.
Mr. Shubham Sood, Advocate, vice Mr. Onkar Jairath, Advocate, for respondent No.3.
V. Ramasubramanian, Chief Justice, (Oral) Challenging an order of transfer, a Post Graduate Teacher has come up with the above writ petition.
2. Heard Mr. Rajesh Kumar, learned counsel for the petitioner, Mr. Nand Lal Thakur, learned Additional Advocate General for respondents No. 1 and 2 and Mr. ::: Downloaded on - 29/09/2019 01:45:58 :::HCHP 2 Shubham Sood, learned counsel appearing for the third respondent.
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3. It is seen from the instructions received by the learned Additional Advocate General that the third respondent has already joined the place where the petitioner was working. The only ground on which the transfer order is challenged is that it is passed in violation of the Policy of the State Government not to disturb an employee within three years of posting and especially not to disturb a teacher in the middle of the academic year.
4. But the law is well settled that these Policies do not tantamount to statutory Rules. They have been held by the Supreme Court to be directory and not mandatory. The learned counsel for the petitioner submitted that at least the petitioner may be considered for being accommodated in a vacant post in Government Senior Secondary School Paragpur, District Kangra, HP. But such a request has to be made in the form of a representation.
::: Downloaded on - 29/09/2019 01:45:58 :::HCHP 35. Therefore, the writ petition is disposed of without interfering with the order of transfer, permitting .
the petitioner to make a representation within two days to the second respondent herein seeking an accommodation at least in the vacancy now existing in Government Senior Secondary School Paragpur, District Kangra, HP. Within a week of the receipt of the representation, the second respondent shall consider the same and pass an appropriate order in accordance with law.
6. The pending miscellaneous applications, if any, are disposed of. Dasti copy.
(V. Ramasubramanian) Chief Justice (Anoop Chitkara) Judge August 05, 2019.
(cm Thakur ) ::: Downloaded on - 29/09/2019 01:45:58 :::HCHP