Anuradha vs State Of H.P. And Others
2023 Latest Caselaw 15839 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.6171 of 2023 Date of Decision: 10.10.2023

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Anuradha .......Petitioner Versus State of H.P. and others ... Respondents

_______________________________________________________ Coram:

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

For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals with Mr. Ravi Chauhan and Ms. Sunaina, Deputy Advocate Generals.

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Sandeep Sharma, Judge(oral):

Being aggrieved and dissatisfied with order dated

31.08.2023 (Annexure P-1), whereby petitioner herein, who is working

as Female Heath Worker, has been ordered to be transferred from

HSC Mahalpatt, District Kangra, H.P., to HSC Ghandran, District

Kangra, H.P., petitioner has approached this Court in the instant

proceedings, praying therein to set aside aforesaid order on the

ground that same has been issued on the basis of DO note.

2. Pursuant to the notices issued in the instant proceedings,

respondent-State has filed reply, perusal whereof clearly reveals that

petitioner has already completed her normal tenure at the present

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

place of posting and she has been also recipient / beneficiary of the

DO Note at the time of her appointment at HSC, Mahalpatt. Since

petitioner herself is the recipient / beneficiary of the DO note, coupled

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with the fact that she has already completed her normal tenure of

posting at present place of posting, this Court sees no reason to

interfere in the transfer order on the ground that same has been

effected on the basis of DO note.

3. Consequently, in view of the above, the present petition

is disposed of, however, liberty is reserved to the petitioner to file

representation to the competent authority, praying therein for her

adjustment at suitable place on the ground of adverse family

circumstances, as has been brought to the notice of this Court during

the proceedings of the case, which in turn, shall be decided by the

competent authority expeditiously, preferably within a period of two

weeks, strictly in terms of transfer policy, which certainly provides for

adjustment on the ground of adverse family circumstances. Needless

to say, authority concerned while doing the needful in terms of instant

order shall afford an opportunity of being heard to the petitioner and

pass detailed speaking order thereupon. Pending application(s), if

any, also stands disposed of.

(Sandeep Sharma), Judge October 10,2023 (shankar)