Himachal Pradesh High Court
Smt. Seema Sharma vs State Of Himachal Pradesh And Others on 5 December, 2019
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1951 of 2019.
.
Date of decision: 05.12.2019.
Smt. Seema Sharma .....petitioner.
Versus
State of Himachal Pradesh and others .....Respondents.
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 No
For the Petitioner : Mr. Balram Sharma, Advocate.
For the Respondents: Mr. Vinod Thakur, Additional
Advocate General with Mr.
Narender Singh Thakur and
Ms. Divya Sood, Deputy
Advocate Generals.
Tarlok Singh Chauhan, Judge (Oral)
This writ petition has been filed for the grant of the following substantive relief:
"It is therefore most humbly prayed that this writ petition may kindly be allowed and the respondents may kindly be directed to transfer petitioner from her present place of posting i.e. Government Primary School, Bharech, Education Block Mashobara, Distt. Shimla and may kindly be accommodated/adjusted at Government Primary 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 06/12/2019 20:26:16 :::HCHP 2 School, Tutikandi, Education Block, Shimla or in the alternate she may kindly be accommodated/adjusted .
at (1) GPS Panjari (2) GPS Phagli (3) GPS Khalini (4) GPS Kanlog (5) GPS Sankat Mochan or any other School situated within the periphery of Shimla (Urban) most preferably nearby her residence i.e. SBI Co-operative Society, Panjari, Tutikandi, 171 004, in the interest of justice. Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the petitioner and justice be done."
2. It is not in dispute that the daughter of the petitioner is suffering from Cerebral Palsy and in terms of the Office Memorandum dated 17.09.2015 (Sub-para 5.6), a government servant, who has a differently abled child is exempted from the routine exercise of transfer/rotational transfer, as is evident from the aforesaid sub-para which reads as under:
"Sub-para 5.6: Concession to officials having differently abled dependents: The Government employee who has disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints, as far as possible, the word "disabled" includes (i) blindness or low vision (ii) hearing impairment (iii) locomotors disability or Cerebral Palsy (iv) mental illness and (vii) multiple disabilities."::: Downloaded on - 06/12/2019 20:26:16 :::HCHP 3
3. The consideration order passed by respondent No.3 on 26.08.2019 that was placed before us by the learned .
Additional Advocate General reveals that while rejecting the claim of the petitioner, he has not at all considered the aforesaid Office Memorandum, more particularly, sub-para 5.6, as quoted above.
4. Accordingly, the writ petition is allowed. The order passed by respondent No.3 on 26.08.2019 is quashed and set aside and the respondents are directed to transfer the petitioner in any of the following stations:
(1) GPS Panjari, (2) GPS Phagli, (3) GPS Khalini, (4) GPS Kanlog, (5) GPS Sankat Mochan.
5. The needful be done within a period of two weeks from today and compliance report be filed on the next date of hearing.
6. The writ petition stands disposed of in the aforesaid terms. Pending application, if any, also stands disposed of.
7. For compliance, to come up on 19.12.2019.
8. Since, the order has been passed in the peculiar facts and circumstances of the case taking into consideration ::: Downloaded on - 06/12/2019 20:26:16 :::HCHP 4 that the daughter of the petitioner is a fairly grown up, who is suffering from Cerebral Palsy and requires special attention at .
this stage, therefore, this case shall not be treated as a precedent in future.
Copy 'dasti'.
(Tarlok Singh Chauhan) Judge 5th December, 2019.
(krt) to (Chander Bhusan Barowalia) Judge ::: Downloaded on - 06/12/2019 20:26:16 :::HCHP