Malika Devi vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 1073 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                            CWP No.746 of 2021
                              Decided on: 12th February, 2021
    ____________________________________________________________




                                                                          .
    Malika Devi                                     .....Petitioner





                                               Versus

    State of Himachal Pradesh and others         .....Respondents





    _____________________________________________________________
    Coram
    Ms. Justice Jyotsna Rewal Dua, Judge





    1 Whether approved for reporting?
    ______________________________________________________
    For the petitioner:                Mr. Devender K. Sharma, Advocate.
    For the Respondents:               Mr. Hemant Vaid & Mr. Arvind
                       r               Sharma, Addl. AGs with Mr. Raju Ram

                                       Rahi & Mr. Amit Dhumal, Dy. AGs.
                                       (Through Video Conference)

    Jyotsna Rewal Dua, Judge (Oral)

Notice. Mr. Raju Ram Rahi, learned Deputy

Advocate General, appears and waives service of notice on

behalf of the respondents.

2. The challenge in the instant writ petition is to

office order dated 10th February, 2021 (Annexure P-1),

whereby the petitioner, a Language Teacher, has been

transferred from GHS Hukkal, District Mandi to GHS

Talehan, District Mandi. It is seen from the petition that the

petitioner has remained posted at GHS Hukkal, District

Whether reporters of Local Papers may be allowed to see the judgment?

Mandi, since September, 2017. Thus, she has completed

more than her normal tenure at the present place of posting

and therefore, is liable to be transferred. In such view of the

.

matter, the ground taken by the petitioner that she has been

transferred on the basis of a D.O. note, will not come to her

rescue. It is the pleaded case of the petitioner that no one has

been transferred against the place of the petitioner. In case

the petitioner is suffering from arthritis or any other health

problem, as alleged in the petition, then it is for her to bring

these difficulties to the notice of her employer by way of

representation and for the employer to take appropriate

decision thereupon. Without taking recourse to such action,

she has chosen to prefer the instant petition.

Consequently, the present petition has no merit

and is accordingly dismissed reserving liberty to the

petitioner to represent to her employer in accordance with

law and the applicable policy. Pending miscellaneous

application(s), if any, also stand disposed of.

                                                 Jyotsna Rewal Dua
    February 12, 2021                              Vacation Judge
          (Mukesh)