Kiran Thakur vs State Of H.P. & Anr

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.761 of 2023 Decided on: 27th July, 2023 _________________________________________________________________ .

    Kiran Thakur                                                            ....Petitioner





                                       Versus
    State of H.P. & Anr.                                                  ...Respondents

_________________________________________________________________ Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Sohail Khan, Advocate.

For the respondents: Mr. Y. P. S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.1.

                                           Mr. Maan Singh,                       Advocate        for
                                           respondent No.2.




    Jyotsna Rewal Dua, Judge

Challenge in this petition is to the notification dated 22.02.2023 to the extent it transfers the petitioner from GSSS Mandhala, District Shimla vice respondent No.2 at GSSS Dharchandna, District Shimla.

2. The impugned order has been assailed primarily 1 Whether reporters of Local Papers may be allowed to see the judgment?

on the grounds that:- the petitioner was transferred at her present place of posting on promotion as Principal on 21.05.2021; She is yet to complete her normal tenure at the .

present place of posting. The petitioner had not made any request for her transfer from the present place. It has also been asserted that the impugned transfer has been ordered on the basis of a DO note, issued at the instance of respondent No.2.

3. rRespondent No.1 has filed the reply. The facts pleaded in the petition have not been specifically denied.

4. Respondent No.2 has filed an affidavit stating therein that taking note of the objections of the petitioner, he has submitted a fresh request to the competent authority for his transfer to another school and that he has no objection for continuation of the petitioner at GSSS Mandhala, District Solan, H.P.

5. In view of the pleadings and submissions made by learned counsel for the parties, interest of justice would be served by keeping the notification dated 22.02.2023 in abeyance vis-à-vis the petitioner and respondent No.2.

Respondent No.1/competent authority is directed to consider ::: Downloaded on - 27/07/2023 20:38:05 :::CIS -3- the matter of transfer of the petitioner and respondent No.2 afresh in light of the facts on record, in accordance with law and applicable transfer policy, within a period of two weeks.

.

Till such time, the impugned notification dated 22.02.2023 shall remain in abeyance qua petitioner and respondent No.2 The present petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua Judge July 27, 2023 R.Atal ::: Downloaded on - 27/07/2023 20:38:05 :::CIS