Anita Chaudhari vs State Of H.P. & Ors
2023 Latest Caselaw 17436 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH
                             AT SHIMLA
                                       CWP No.8447 of 2023
                                       Decided on: 3rd November, 2023
    ____________________________________________________




                                                                          .
    Anita Chaudhari                             ....Petitioner





                                               Versus





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

    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge
    1 Whether approved for reporting?




    For the petitioner

    For the respondents
                       r                to:

                                          :
                                               Mr. Kiran Dhiman,

                                               Mr. Anup Rattan, Advocate General
                                               with Mr. B.C. Verma, Additional
                                                                                 Advocate.

                                               Advocate General.


    Ranjan Sharma, Judge (Oral)

Notice. Mr. B.C. Verma, learned Additional

Advocate General, appears and waives service of notice on

behalf of the respondents.

2. The petitioner has filed the instant writ petition,

seeking following reliefs:-

"i. That the impugned transfer order dated 31.10.2023 Annexure P-1 may kindly be quashed and set aside.

ii. The respondents may kindly be directed to decide the representation of the petitioner

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

contained in Annexure P-1 in a time bound manner keeping in view her adverse circumstances."

3. The case of the petitioner, as submitted by the

.

learned counsel for the petitioner, in brief is, that the

petitioner was appointed as TGT (Non-Medical) and was

posted in GSSS Meharidhar, District Mandi in the year 2019

on contract basis. Even after regularization, the petitioner

continued to serve at the said station. Now, as per the office

order dated 31.10.2023 (Annexure P-2), the petitioner has

been transferred from GSSS Meharidhar, District Mandi to

GSSS Somakothi, District Mandi, against vacancy without

TTA/JT. Learned counsel further submits that GSSS

Meharidhar is a rural area, situated in the interior of District

Mandi.

4. The petitioner has assailed the officer order dated

31.10.2023 (Annexure P2) on the ground that (i) petitioner

has already served in the rural/remote area since March,

2019; (ii) transfer has resulted in hardships to the petitioner

as a petitioner has three years baby-girl; (iii) the husband

of the petitioner is serving as TGT (Arts) at GSSS Paurakothi,

Tehsil Nihri, District Mandi. She further submits that before

issuance of the impugned order, the petitioner had made a

representation to Respondent No.2-Director of Elementary

Education on 27.09.2023 (Annexure P-1) which has remained

.

un-redressed till day.

5. Per contra, the learned Advocate General submits

that petitioner had earlier also, filed a CWP No.4267 of 2022,

seeking transfer from GSSS Meharidhar, District Mandi to a

place nearer to native place of the petitioner, which was

turned down by the Director of Elementary Education on

02.02.2023 (Annexure P-4) on the ground, that the transfer

will affect the studies of students studying in GSSS

Meharidhar (District Mandi).

6. The contention of the State that the petitioner has

completed more than the normal tenure at the present station

in GSSS Meharidhar (District Mandi) since March 2019 and

even the filing of earlier writ petition and rejection orders

passed therein, cannot in any manner come in the way of

the respondents; to independently consider and examine the

case of the petitioner for transfer, being a serving couple

spouse, in terms of Clause 5.4 of the Transfer Guidelines-

Policy issued by the State Government efforts should be made

by the Government to post them at one place or nearby

places, as far as possible, subject to vacancy; and also to

redress the grievances/hardship, which as per law, are to be

.

considered/examined by the employer-competent authority.

7. Keeping in view the facts and circumstances, as

submitted by the learned counsel for the petitioner and the

existing norms governing transfers, this Court as prayed,

permits the petitioner to make a fresh representation

indicating station of choice/convenience in continuation of

the earlier representation dated 27.09.2023 (Annexure P-1) to

the Respondent No.2-Director Elementary Education, H.P.

within in a week from today; with further directions to the

aforesaid respondent to decide the same, in view of the

assurance given by the Learned Advocate General, in view of

Clause 5.4 of the existing norms/guidelines governing

transfer of employees. Learned Advocate General assures this

Court that in case stations of choice/convenience are

indicated then, the Respondents shall consider the case of the

petitioner in terms of Clause 5.4 of the existing

norms/guidelines.

8. In the background of facts, narrated above, as

submitted by the learned counsel, this Court is inclined to

grant interim protection to the petitioner till decision of the

representation.

.

9. Accordingly, the office order dated 31.10.2023

(Annexure P-2) transferring the petitioner as TGT (Non-

Medical) from GSSS Meharidhar, District Mandi to GSSS

Somakothi, District Mandi, shall remain stayed, till the

decision of the representation as aforesaid.

In aforesaid terms, the writ petition as well as the

pending miscellaneous application(s), if any, shall also stand

disposed of.

(Ranjan Sharma) Judge November 03, 2023

(shivender)