Himachal Pradesh High Court
Varsha Devi vs State Of Himachal Pradesh And Others on 28 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP No.9431 of 2023
Decided on: 28th November, 2023
.
____________________________________________________________
Varsha Devi
....Petitioner
Versus
State of Himachal Pradesh and others
......Respondents
of
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
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For the Petitioner: Mr. Mukul Sood, Advocate.
For the Respondents: Mr. Vishal Panwar, Additional
Advocate General.
Ranjan Sharma, Judge (Oral)
Notice. Mr. Vishal Panwar, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondents.
2. With the consent of the parties, the instant
writ petition is taken up for disposal, at this stage, in view
of the orders intended to be passed hereinafter.
3. The petitioner has filed the instant writ petition,
praying for the following reliefs:-
Whether reporters of Local Papers may be allowed to see the judgment?
"(a) Issue a writ in nature of mandamus directing
the respondent to transfer the petitioner from
present place of posting to place of her choice in
District Kangra, H.P. as mentioned under para 7
.
of the petition against 5% quota meant for inter
district transfers.
(b) Issue a writ in nature of mandamus further
directing the respondent to consider the case of
transfer of the petitioner under clause 5.4. of the
of
"Comprehensive Guiding Principles-2013" dated
10.07.2013 for regulating the transfer of State
Government employees meant for couple
rt posting."
4. The petitioner was appointed as a Language
Teacher (LT) on contract basis, on 21st June, 2018, Annexure
P-1, and was posted in GSSS Gagret, District Una, Himachal
Pradesh. Mr. Mukul Sood, learned counsel for the petitioner,
submits that the cadre of LTs, as on day, is a
District Cadre. After completing five years of contractual/
regular service, the petitioner submitted a representation to the
Director, Elementary Education, Himachal Pradesh, on
27.09.2023, Annexure P-3 (colly), for being considered for
Inter-District Transfer, from Una District to Kangra District,
in terms of the norms contained in the Notification dated
20th November, 2021, Annexure P-2. The petitioner submitted
another representation which was forwarded to higher
authorities through the Principal of the concerned School,
.
on 04.10.2023, Annexure P-4, which is stated to be pending.
5. At this stage, on instructions, Mr. Mukul Sood,
learned counsel for the petitioner, submits that respondent No.2
may be directed to examine/consider Annexure P-4, dated
of
04.10.2023, within stipulated period.
6. Without going into the merits of the matter, this
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Court directs respondent No.2-Director, Elementary Education,
Himachal Pradesh, to examine/consider Annexure P-4, dated
04.10.2023, in accordance with law, within four weeks from
today.
7. Needless to say that this Court has not adverted to
the merits of the matter and all Questions of Facts and Law,
are left open.
As aforesaid, the writ petition as well as the
pending miscellaneous application(s), if any, shall also stand
disposed of, accordingly.
(Ranjan Sharma)
Judge
November 28, 2023
(Bhardwaj)
