Anita Devi vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15395 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7305 of 2023 Date of Decision: October 5, 2023 _______________________________________________________

.

    Anita Devi                                                                          .......Petitioner





                                   Versus
    State of Himachal Pradesh and others       ... Respondents

_______________________________________________________

Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vijay Singh Bhatia, Advocate.

For the Respondents Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan & Ms. Sunaina, Deputy Advocates General.

_______________________________________________________

Sandeep Sharma, Judge(oral):

Since the petitioner, who is a Language Teacher, has already

completed her normal tenure of posting at Government Model Senior

Secondary School (GMSSS) Narag, Tehsil Pachhad, District Sirmaur,

Himachal Pradesh, she has approached this court in the instant

proceedings filed under Art. 226 of the Constitution of India, praying therein

to issue a direction to the respondent Department to transfer her to District

Kangra, where her husband is working as Trained Graduate Teacher (Arts).

Needless to say, it is the exclusive domain and prerogative of employer to

post/transfer an employee, as such, no direction in that regard can be

issued by this court, while exercising power under Art. 226 of the

Constitution of India, however, having taken note of the fact that the

petitioner has filed a representation to the authority concerned (Annexure P-

Whether the reporters of the local papers may be allowed to see the judgment?

1), for her inter district transfer under 5% quota and same is pending

adjudication, present petition is disposed of by directing Deputy Director of

Elementary Education, Sirmaur at Nahan to examine the case of the

.

petitioner for transfer sought by her and if her case is found to be suitable

as per policy relevant in this regard, he/she shall forward the same to the

Director of Elementary Education, Himachal Pradesh with requisite

comments, who thereafter, shall pass appropriate orders/transfer orders on

the representation (Annexure P-1), copy of which is stated to has been

endorsed to said authority, within a period of four weeks, after receipt of the

comments from respondent No.3.

2. Needless to say, authority concerned, while doing the needful in

terms of this order, shall afford opportunity of hearing to the petitioner and

pass a speaking order thereafter. Liberty is reserved to the petitioner to file

appropriate proceedings, before appropriate court of law, if she still remains

aggrieved.

In the aforesaid terms, present petition is disposed of alongwith

pending application(s), if any.

(Sandeep Sharma), Judge October 5, 2023

(vikrant)