Kiran Thakur vs State Of H.P. & Anr
2023 Latest Caselaw 10436 HP

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

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

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