Saroj Kumari vs State Of H.P & Others
2021 Latest Caselaw 3365 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.2155 of 2021 Date of Decision: 2.8.2021

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Saroj Kumari .......Petitioner

Versus

State of H.P & others. ... Respondents. __________________________________________________________ Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1

For the Petitioner: Mr. R.S.Chandel, Advocate. For the Respondents: Mr. Sudhir Bhatnagar and Mr. Desh Raj Thakur, Additional Advocate

Generals with Mr. Narender Thakur, Deputy Advocate General.

Through video-conferencing ___________________________________________________________ Sandeep Sharma, Judge(oral):

Instant petition filed under Article 226 of the

Constitution of India, lays challenge to order dated

26.03.2021, issued under the signatures of Director Higher

Education, Himachal Pradesh, whereby transfer order dated

24.03.2021, transferring petitioner Smt. Saroj Kumari,

Lecturer History from Government Senior Secondary School,

Seri-Kothi, Mandi to Government Senior Secondary School,

Dasgaon, Bilaspur, H.P., came to be cancelled.

Whether the reporters of the local papers may be allowed to see the judgment?

2. Transfer order dated 24.03.2021 (Annexure P-1),

clearly reveals that petitioner Smt. Saroj Kumari, lecturer

History was ordered to be transferred from Government Senior

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Secondary School, Seri-Kothi, Mandi to Bilaspur vice Smt.

Virender Kaur, lecturer History, but since Smt. Virender Kaur

already stood transferred to Government Senior Secondary

School, Dasgaon, Bilaspur to Government Senior Secondary

School, Methi, Bilaspur vide order dated 2.2.2021 (Annexure

R-1) annexed with reply filed by the respondents, order dated

24.03.2021 was cancelled vide order dated 26.03.2021.

3. Having carefully perused the reply filed by the

respondents, this Court finds that respondents while passing

order dated 24.03.2021, transferring the petitioner from

Government Senior Secondary School, Seri-Kothi, Mandi to

Government Senior Secondary School, Dasgaon Bilaspur vice

Smt. Virender Kaur failed to take note of the fact that Smt.

Virender Kaur already stands transferred from Government

Senior Secondary School, Dasgaon, Bilaspur to Government

Senior Secondary School, Methi Bilaspur vice Sh. Kismat

Kumar, lecturer History, meaning thereby at the time of

transferring the present petitioner from Government Senior

Secondary School, Seri-Kothi, Mandi, post of lecturer History

at Government Senior Secondary School, Dasgaon Bilaspur

stood already filled up with the transfer of Sh. Kismat Kumar,

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who was ordered to be transferred from Government Senior

Secondary School, Methi Bilaspur to Government Senior

Secondary School, Dasgaon, Bilaspur. Since, order dated

2.2.2021, transferring Sh. Kismat Kumar from Government

Senior Secondary School, Methi Bilaspur to Government

Senior Secondary School, Dasgaon, Bilaspur was issued prior

to issuance of order dated 24.03.2021, transferring the

petitioner Smt. Saroj Kumari from Government Senior

Secondary School, Seri-Kothi Mandi to Government Senior

Secondary School, Dasgaon Bilaspur, transfer order dated

24.3.3021 rightly came to be cancelled. In case of aforesaid

order was not cancelled, two persons would have been ordered

to join at one station, which otherwise is not permissible or

would have otherwise created administrative problem for the

respondents.

4. Consequently, in view of the above, this Court finds

no illegality and infirmity in the order dated 26.03.2021

(Annexure P-4) and as such, no interference is called for and

accordingly, the present writ petition is dismissed being devoid

of any merit. However, petitioner is always at liberty to file

appropriate representation before the respondents, seeking

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therein her adjustment at the station of her choice. Needless to

say, respondents while considering the representation, if any,

shall afford an opportunity of hearing to the petitioner and

pass a speaking order thereupon. Pending applications, if any

also stand disposed of.

(Sandeep Sharma), Judge 2nd August, 2021

(shankar)