Himachal Pradesh High Court
Col. Pratibha Rai vs . Uoi & Ors. on 18 August, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Col. Pratibha Rai Vs. UOI & Ors.
CWP No.5404 of 2023 .
18.08.2023 Present: Mr. Subhash Sharma, Advocate, for the petitioner.
Mr. Nand Lal Thakur, Sr. Panel Counsel, for respondents No.1 and 2.
CWP No.5404 of 2023 & CMP No.10484 of 2023 of Notice be issued to respondent No.3, returnable for 06.09.2023, on taking steps within two days. Reply on rt behalf of the appearing respondents be filed before the next date of hearing.
List the matter on 06.09.2023.
2. The petitioner is presently serving as Officer Commanding Military Dental Centre at Shimla. She was transferred at her present place of posting on 04.09.2020.
Petitioner's husband after retirement from Indian Army, is stated to have been re-employed and presently serving 18 Infantry Division at Kota, Rajasthan.
3. As per pleaded case of the petitioner, her younger son is studying in DAV Senior Secondary Public School Lakkar Bazar, Shimla. He appeared in 10th class CBSE Board examination in March 2023. He thereafter got admitted to Class 10+1 (Non-Medical), which session started from 27.03.2023.
4. Learned counsel for the petitioner invited attention to petitioner's representation dated 01.05.2023 ::: Downloaded on - 18/08/2023 20:35:39 :::CIS (Annexure P-5) and in particular to paras 7-8 thereof, .
wherein, the petitioner has requested for giving her extension of tenure till August/September, 2024, in view of crucial academic period of her son and/or in alternative,
(i) side stepping her to DU of Project Deepak;(ii) Posting her of to any unit in Delhi, with further request that in case she is to be posted outside Shimla, then her movement orders rt be issued immediately to enable her to admit her son in the new station at the beginning of the academic session.
Learned counsel for the petitioner also invited attention to the recommendation of the case of the petitioner by the higher officer (pages 28 to 36 of the paper-book).
5. Petitioner was eventually transferred to Delhi on 18.07.2023 (Annexure P-8). Her representation for deferring the implementation of the transfer order was turned down by the competent authority on 07.08.2023 (Annexure P-10). Learned counsel for the petitioner submitted that as on date, petitioner's son has completed almost half of the course of 10+1 class. Learned counsel for the petitioner also submitted that Col. Inderpreet (respondent No.3), who was transferred at the place of the petitioner, has not as yet joined at the transferred place.
In view of above submissions, there shall be stay of order dated 18.07.2023 (Annexure P-8) as well as of ::: Downloaded on - 18/08/2023 20:35:39 :::CIS Annexure P-10 dated 07.08.2023, qua the petitioner, till .
the next date of hearing.
Jyotsna Rewal Dua Judge August 18, 2023 of (R.Atal) rt ::: Downloaded on - 18/08/2023 20:35:39 :::CIS