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Aman Preet Kaur vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 8 September 2023 · Citation: (2023) 09 SHI CK 0019

HON’BLE JUDGES
Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 6231 Of 2023
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Judgment

7 paragraphs · 340 words

Jyotsna Rewal Dua, J

1.

Notice confined to respondents No.1, 2 and 4, which is accepted by Mr. Varun Chandel, learned Additional Advocate General.

2.

With the consent of learned counsel for the parties, the matter is heard at this stage.

3.

The petitioner is presently serving as Trained Graduate Teacher (Non-Medical) and posted at GSSS Gondpur Banehra, District Una, H.P. Her grievance is to office order dated 31.08.2023 (Annexure P-2) that transfers her to GSSS Shawga, District Sirmour, H.P. The transfer has been assailed on the ground that the impugned order was issued on the basis of a D.O. note of respondent No.3. It was also submitted that the petitioner is mother of one-year-old child.

4.

Learned counsel for the petitioner submitted that the petitioner has completed her normal tenure at the present place of posting. He further submitted that the petitioner would be content if the she is permitted to make a representation to respondent No.2/competent authority for her adjustment in view of her being a lactating mother, whereafter competent authority be directed to decide the same within a fixed time schedule. Learned Additional Advocate General is not averse to this prayer.

5.

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 and applicable policy, within a period of one week thereafter. The fact that the petitioner is a lactating mother, be kept in mind while deciding her representation. 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 automatically vacated, in case the representation is not preferred by her within the indicated time line.

Pending miscellaneous application(s), if any, also to stand disposed of.