Pushpa Devi vs State Of H.P. & Ors
2023 Latest Caselaw 12934 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6111 of 2023 Decided on: 5th September, 2023 _________________________________________________________________

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    Pushpa Devi                                                             ....Petitioner





                                       Versus
    State of H.P. & Ors                                                     ...Respondents

_________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. Kunal Thakur, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General

with Mr. Rupinder Singh Thakur &

Mr. Varun Chandel, Additional Advocates General, Ms. Seema Sharma, Mr. Sumit Sharma, Deputy Advocate General for respondents

No.1 and 2.

Mr. Prem Singh Negi, Advocate, for respondent No.3.

Jyotsna Rewal Dua, Judge

Caveat Petition No.411 of 2023

Allowed and discharge.

CWP No.6111 of 2023

Notice. Mr. Varun Chandel, learned Additional

Advocate General and Mr. Prem Singh Negi, Advocate, appear

Whether reporters of Local Papers may be allowed to see the judgment?

and waive service of notice on behalf of respondents No.1 & 2

and 3 respectively.

2. With the consent of learned counsel for the

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parties, the matter is heard at this stage.

3. Under the impugned office order dated 30.8.2023

(Annexure P-5), the petitioner, working as DPE at GSSS

Rajgarh, District Sirmaur has been transferred to GSSS

Bhanog, District Sirmaur, H.P. vice Shri Ajay Kumar

(respondent No.3). The transfer order has been assailed on

the ground that the same has been issued merely on the

basis of D.O note just to accommodate respondent No.3.

4. The case file shows that the petitioner is serving at

the present place of posting ever since the year 2013.

Learned counsel for the petitioner submits that not only the

petitioner but her husband has also been permitted to serve

in this very place since long on account of the ailment

suffered by the petitioner. It is pointed out that the petitioner

has been diagnosed with Tuberculosis in the spinal cord with

85% loss of L-3, L-4 and L-5. At this stage, learned counsel

for the petitioner submitted that the petitioner would be

content if she is permitted to make a representation to

respondent No.2/competent authority, seeking her suitable

adjustment, in view of her medical condition and also keeping

in view the fact that she is nearing her retirement,

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whereafter, the competent authority/ respondent No.2, be

directed to decide the same in a time bound manner. Learned

Additional Advocate General is not averse to this prayer.

5. Learned counsel for the petitioner further submitted

that pursuant to the impugned transfer order, respondent

No.3 has joined at the place of posting of the petitioner and

consequently, the petitioner has also been relieved from the

present place of posting.

6. In view of the above submissions, this writ

petition is disposed of by permitting the petitioner to make a

representation to respondent No.2/competent authority

within one week from today, which shall be considered and

decided by respondent No.2/competent authority in

accordance with law, applicable transfer policy and taking

into consideration the medical condition as well as impending

retirement of the petitioner, within a period of one week

thereafter. The decision so arrived at shall also be

communicated to the petitioner. Till such time, the petitioner

shall not be compelled to join at the transferred station and

she may avail leave of the kind due. However, the protection

available to the petitioner in this order shall stand

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automatically vacated, in case the representation is not

preferred within the indicated time line.

Pending miscellaneous application(s), if any, also

to stand disposed of.

Jyotsna Rewal Dua Judge September 5, 2023 mamta