Nisha Rani vs State Of H.P. And Ors
2023 Latest Caselaw 15775 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CWP No. 7510 of 2023




                                                                     .
                                                 Decided on: 09.10.2023





     Nisha Rani                                                  ....Petitioner.

                                         Versus





     State of H.P. and Ors.                                      ...Respondents.

     Coram





     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting? 1

     For the petitioner         :        Mr. Kulbhushan Khajuria,
                                         Advocate.

     For the respondents            :    Mr. Y.P.S. Dhaulta and Mr.
                                         Pratush Sharma, Additional
                                         Advocate General with Mr.


                                         Gautam Sood, Ms. Priyanka
                                         Chauhan and Mr. Rahul Thakur,
                                         Deputy Advocate Generals, for
                                         respondents No. 1 to 3.






     Satyen Vaidya, Judge (Oral)

only. Mr. Y.P.S. Dhaulta, learned Additional Advocate

General, appears and waives service of notice on

behalf of respondents No. 1 to 3-State.

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

2. Petitioner has assailed the transfer order

dated 30.09.2023, whereby she has been ordered to

.

be transferred from G.H.S. Dhalog to G.S.S.S.

Kakira, both in District Chamba, H.P., on the ground

that her husband is also posted as Principal in

G.S.S.S. Chuhan, which is a nearby station. It is

submitted that under Clause 5.4 of the

'Comprehensive

Guiding Principles-2013'-for

regulating the transfer of the State Government

Employees, petitioner is entitled to be posted at a

place nearby the station where her husband is

posted.

3. Keeping in view the specific grievance of the

petitioner, she is permitted to file a representation to

respondent No. 2 within two days and on receipt of

such representation, respondent No. 2 will decide the

same keeping in view the specific term of Clause 5.4

of 'Comprehensive Guiding Principles-2013'- for

regulating the transfer of the State Government

Employees, within one week thereafter by passing a

detailed speaking order. In the meanwhile, till the

representation of the petitioner is not decided, she

will not be compelled to join the transferred place of

.

posting.

4. The petition is accordingly disposed of, so

also the pending miscellaneous application, if any.

    5.         For      compliance   to     come         up        on

    30.10.2023.



    9th October, 2023
         (sushma)
                  r         to             (Satyen Vaidya)
                                               Judge