Lecturer School New (Hindi) vs Union Of India & Anr.
2022 Latest Caselaw 7101 HP

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          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                    ON THE 24th DAY OF AUGUST, 2022,
                             BEFORE

               HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                                 &




                                                            .
                HON'BLE MR. JUSTICE VIRENDER SINGH
                        CWP No. 5568 of 2022





    Between:

    SANGEETA CHAUDHARY, W/O SH.





    NARESH KUMAR, RESIDENT OF
    VILLAGE       KOLAR,       P.O.
    DHAULAKUAN, TEHSIL PAONTA
    SAHIB, DISTRICT SIRMOUR, H.P.
    PRESENTLY      WORKING      AS





    LECTURER SCHOOL NEW (HINDI)
    AT GOVT. SR. SEC. SCHOOL
    BIRLA,     TEHSIL      DADAHU,
    DISTRICT SIRMOUR, H.P.

                                                ...PETITIONER


    (BY MR. VINOD CHAUHAN, ADVOCATE)

    AND

    1.   STATE    OF    HIMACHAL
    PRADESH THROUGH SECRETARY


    (EDUCATION) TO THE GOVT. OF
    HIMACHAL PARDESH, SHIMLA-2

    2.   THE   DIRECTOR,  HIGHER




    EDUCATION, HIMACHAL PRADESH,
    SHIMLA 171002.





    3.   DEPUTY DIRECTOR HIGHER
    EDUCATION     NAHAN, DISTRICT
    SIRMOUR, H.P.





                                                  ...RESPONDENTS

    (BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR.
    VINOD THAKUR, ADDITIONAL ADVOCATE GENERAL, MR.
    YUDHVIR SINGH THAKUR, DEPUTY ADVOCATE GENERAL AND
    MR. RAJAT CHAUHAN, LAW OFFICER.
    _____________________________________________________________




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    WHETHER APPROVED FOR REPORTING?

                 This petition coming on for orders this day,
    Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
    following:




                                                                  .
                               ORDER

Issue Notice. Mr. Vinod Thakur, learned

Additional Advocate General, appears and waives service of

notice on behalf of the respondents.

The instant petition has been filed for the grant of

following substantive relief(s):

i) That the respondents may kindly be directed to transfer the petitioner from Govt. Sr. Sec. School Birla to GSSS r Tokio, GSSS Bholiyo and GSSS Kishanpura, Tehsil Paonta Sahib,

District Sirmour where the post of Lecturer School New (Hindi) is lying vacant, keeping in view of her adverse family circumstances in the interest of justice.

                 ii)     That the respondents may very kindly
                         be     directed    to     decide      the
                         representation    of    the    petitioner

contained in Annexure P-4 (colly) in a

time bound manner.

iii) That the respondents may kindly be

directed to produce the entire record pertaining to the case of the applicant for the kind perusal of this Hon'ble Court.

2. A perusal of the petition would go to reveal that

save and except individual hardship, there is no other factual

or legal ground set out in the petition.

3. As regards the individual hardship, it is more

.

than settled that the same is required to be considered by the

Employer. Reference in this regard can conveniently be made

to the judgment of the Hon'ble Supreme Court in Rajendra

Roy vs. Union of India & Anr., (1993) 1 SCC 148.

4. In the given facts and circumstances of the case,

we deem it appropriate to dispose of this petition by directing

the respondents concern to consider the case of the petitioner

sympathetically within a period of four weeks from today.

Ordered accordingly. Pending application(s) if any, also stands

disposed of.

(Tarlok Singh Chauhan) Judge

(Virender Singh) Judge

August 24, 2022 (Vinod/Subhash)