Anita Gupta vs State of H.P. and Others

V.K. Ahuja, J.—The Petitioner who was posted as Junior Basic Trained Teacher has filed the present petition challenging her transfer from Government Primary School, Saunal to Government Primary School, Navbhar-I vice Respondent No. 5.

The learned Counsel for the Petitioner submits that after the filing of the petition, the Petitioner lost her husband and only son and, therefore, the Petitioner be permitted to make a representation to Respondent No. 2 in view of the changed circumstances, putting up her grievances in the representation, if filed by the Petitioner. The Petitioner is, therefore, permitted to file an appropriate representation to Respondent No. 2, mentioning therein the grievances of the Petitioner, which shall be sympathetically considered by Respondent No. 2 in view of the allegations made in the representation. The representation shall be filed by the Petitioner within a period of two weeks from today and the Respondent No. 2 shall make attempts to dispose of the same within a period of one month thereafter. However, it is clarified that status quo as it existed today shall be maintained and as Respondent No. 5 stands relieved in pursuance of the impugned transfer order, therefore, she shall not be compelled to join at her new place of posting till decision of the representation and she shall be at liberty to avail leave of the kind due.

The question of payment of salary of Respondent No. 5 for the relevant period shall be considered by Respondent No. 2, who shall pass necessary orders in that regard, if grievance is raised by Respondent No. 5 in representation.

The Respondent No. 5 shall also be issued a notice by Respondent No. 2 before disposing of the representation of the Petitioner.

The petition is disposed of accordingly, so also the pending application(s), if any.