Decided On: October 10 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15867 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                CWP No. 7545 of 2023
                                          Decided on: October 10, 2023
    ________________________________________________________
    Renu                                             ........... 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. Ashwani K. Sharma, 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):

Though, by way of instant petition filed under Art. 226 of

the Constitution of India, challenge has been laid to order dated

27.9.2023 Annexure P-3, whereby the petitioner who is a Clerk, has

been ordered to be transferred from Government Degree College

Shivnagar, District Kangra to Government Senior Secondary School

Sanghle, District Kangra, on the ground that same has been issued on

the basis of DO Note, but having taken note of the fact that the

petitioner has completed his normal tenure of posting at the present

place of posting, there appears to be no justification for this Court to

interfere in the matter, however, having taken note of the fact that the

son of the petitioner is suffering from serious neurological disorder and

he has been operated for Thoracic menigioemyocoele at PGI MER

Chandigarh, this court disposes of the present writ petition, by

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

reserving liberty to the petitioner to file a representation, within a week

from today, to the competent authority, praying therein for cancelation

of transfer order or adjustment at a suitable place, which shall be

.

decided by the competent authority within two weeks thereafter, strictly

in terms of Comprehensive Guiding Principles, wherein admittedly

there is a provision to accommodate/adjust an employee on account of

adverse family circumstances. While doing needful in terms of this

order, competent authority shall take specific note of serious illness of

son of the petitioner so that no inconvenience is caused to the child

and his mother (petitioner). Till the time representation, if filed within

one week, is decided, she shall not be compelled to join at the

transferred station. 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.

2. The petition stands disposed of in the afore terms, alongwith all

pending applications..

(Sandeep Sharma)

Judge October 10, 2023 Vikrant