Nirmala Devi vs State Of H.P & Ors
2023 Latest Caselaw 5157 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.2500 of 2023 Date of Decision: 4th May, 2023

.

         Nirmala Devi                                               .....Petitioner.





                                            Versus

         State of H.P & ors.                                        .....Respondents.





         Coram

The Hon'ble Mr. Justice Vivek Singh Thakur, Judge. The Hon'ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1

For the petitioner: Mr. Nand Lal Thakur, Advocate.

For the respondents: Mr. Manoj Chauhan, Addl. Advocate General.

Vivek Singh Thakur, Judge (oral).

Petitioner has approached this Court, seeking directions to

respondents to transfer her at one of the stations of her choice, out of five

stations, as she has completed six years in Government High School,

Odidhar, District Mandi, Himachal Pradesh, situated in sub-cadre area.

2. Learned counsel for the petitioner submits that the petitioner has

submitted a representation (Annexure P-3) to respondents No.2 and 3,

which is still pending. He further submits that the petitioner is ready to file a

fresh representation in detail to respondent No.2-Director of Elementary

Education, Himachal Pradesh, within four days, and that the petitioner would

be satisfied in case time bound direction is given to respondent No.2 to

consider and decide the same.

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

3. Learned Additional Advocate General submits that in case

petitioner submits fresh representation, the same shall be considered by the

concerned authority in a time bound manner in accordance with law.

.

4. In view of above, petitioner is permitted to file fresh representation

on or before 10th May 2023. In case, such representation is preferred by the

petitioner, the same shall be decided by respondent No.2/Director of

Elementary Education, Himachal Pradesh, Shimla, on or before 25th May,

2023, by passing a speaking and reasoned order in accordance with law,

after giving opportunity of hearing to the petitioner, if desired so.

5. Needless to say that copy of order shall be supplied to the

petitioner immediately thereafter. Till the decision is taken by respondent

No.2, post of TGT (Medical) at Government Senior Secondary School,

Panarsa, District Mandi, which is lying vacant, as on date, shall not be filled

up.

6. The petition is disposed of in aforesaid terms alongwith pending

application(s), if any.

Petitioner may produce the downloaded copy of the order passed by

the Court before the Authorities concerned, if required, and the concerned

Authority shall not insist for the certified copy of order, rather passing of order

can be verified from the web-page of this Court.

( Vivek Singh Thakur ) Judge

( Sushil Kukreja ) Judge 4th May, 2023 (CS)