To The Office Of Chief ... vs Union Of India And
2021 Latest Caselaw 3869 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                 ON THE 12th DAY OF AUGUST, 2021
                             BEFORE




                                                            .
            HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,





                                  &
                HON'BLE MR. JUSTICE SATYEN VAIDYA





               CIVIL WRIT PETITION NO. 3044 OF 2021
Between:-
     MISS KAVITA RANA
     DAUGHTER OF LATE SH. NORBU RAM,





     PERMANENT RESIDENT OF VILLAGE
     CHANGUT, POST OFFICE KARPET,
     SUB-TEHSIL UDAIPUR, DISTRICT
     LAHAUL AND SPITI PRESENTLY
     WORKING AS JUNIOR ASSISTANT
     IN THE OFFICE OF H.P.P.W.D (CV),

     DIVISION, UDAIPUR UNDER TRANSFER

     TO THE OFFICE OF CHIEF ENGINEER(MZ),
     HPPWD, MANDI VICE PRIVATE RESPONDENT
     NO.5 WITHOUT TTA/JT.
                                                         ....PETITIONER


(BY SH. ANUBHAV CHOPRA, ADVOCATE)
                               AND




1.    STATE OF H.P. THROUGH
      PRINCIPAL SECRETARY (PW)
      TO THE GOVERNMENT OF





      HIMACHAL PRADESH, SHIMLA.

2.    ENGINEER-IN-CHIEF,





      HIMACHAL PRADESH, PWD,
      SHIMLA -171002.

3.    CHIEF ENGINEER,
      MANDI ZONE, HPPWD,
      MANDI, H.P.

4.    EXECUTIVE ENGINEER (C.V),
      DIVISION, UDAIPUR,
      LAHAUL & SPITI,

5.    SH. VIDYA SAGAR,
      PARENTAGE NOT KNOWN
      TO THE PETITIONER PRESENTLY
      WORKING AS JUNIOR ASSISTANT
      IN THE OFFICE OF CHIEF ENGINEER (MZ),




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                                         2




      HPPWD, MANDI, H.P.
                                                                 ..RESPONDENTS

(MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. R.S. DOGRA,




                                                                       .
SR. ADDL. A.G, MR. HEMANSHU MISRA, MR. SHIV PAL MANHANS,





 ADDITIONAL ADVOCATE GENERALS AND MR. BHUPINDER THAKUR,
DEPUTY ADVOCATE GENERAL FOR R-1 TO R-4)
____________________________________________________________________________





      This petition coming on for orders this day, Hon'ble Mr. Justice

Tarlok Singh Chauhan, passed the following:

                                   ORDER

Heard. Perusal of the writ petition would go to show that save and

accept for individual hardship, we do not find any ground to interfere in the

order of transfer. As regards the individual hardship, more particularly, that

her mother is suffering from geriatric ailment, the same has to be considered

by the employer.

2. Reference in this regard can be conveniently made to a judgment of

the Hon'ble Supreme Court in Rajendra Roy vs. Union of India and

another (1993) 1 SCC 148, wherein it was observed as under:-

"7. The appellant has not made any representation about personal hardship to the department. As such, there was no occasion for the

department to consider such representation. This appeal, therefore, fails and is dismissed, but we make no order as to costs. It is, however, made clear that the appellant will be free to make

representation to the concerned department about personal hardship, if any, being suffered by the appellant in view of the impugned order. It is reasonably expected that if such representation is made, the same should be considered by the department as expeditiously as practicable."

3. In view of the aforesaid discussion, there is no merit in the instant

petition and the same is accordingly dismissed, however, with a liberty to the

petitioner to make a representation within one week from today, disclosing

the fact that the petitioner is a spinster and her mother is a chronic patient of

diabetes Mellitus Type-II, which is a geriatric ailment. The same shall be

.

considered by the respondents sympathetically within two weeks thereafter

from the receipt of the representation.

4. The writ petition is disposed of in the aforesaid terms, so also pending

application(s), if any.

                                                  ( Tarlok Singh Chauhan )
                                                            Judge


August 12, 2021
     (naveen)                r            to           ( Satyen Vaidya )
                                                             Judge