Anuvarsha Kaushal vs State Of H.P. & Anr

Jyotsna Rewal Dua, J

The petitioner is a Post Graduate Teacher and was transferred from Government Senior Secondary School, Paisa, District Kangra to Government

Senior Secondary School, Ghera, District Chamba vide order dated 27.8.2019. The transfer was challenged by her in CWP No. 2088 of 2019. This

writ petition was withdrawn by the petitioner on 8.10.2020 with liberty to file afresh. Post withdrawal of her writ petition, she preferred a

representation to respondent No. 2 on 8.10.2020 requesting her adjustment at Government Senior Secondary School, Gauna Karour, Tehsil Nadaun,

District Hamirpur. Her representation was rejected vide order dated 4.2.2021 on the ground that there is no vacancy available as per choice of the

petitioner. It was also observed in the order that petitioner had refused to accept the available vacancies offered to her. Relevant part of the order

reads as under:

“And whereas upon passing of above direction the representation submitted by the petitioner for her adjustment to GSSS, Gauna Karour, distt.

Hamirpur has been examined and observed that there is no vacancy available as per choice of the petitioner.

Now therefore after taking into account all the facts and circumstances of the case, the request of the petitioner is considered and r ejected on the

ground that she refused to opt he available vacancies offered to her. Hence, transfer order dated 27.8.2019 shall stand and representation is disposed

of accordingly.â€​

The writ petition filed by the petitioner was withdrawn by her of her own accord. Her representation seeking adjustment at GSSS, Gauna Karour

was rejected as the post was not vacant at that station. The petitioner had also refused to opt for the available vacancies offered to her by the

respondents. Hence, the impugned order cannot be said to be suffering from any infirmity whatsoever. Accordingly, The writ petition being devoid of

any merit is dismissed. In case the petitioner has any adverse circumstances, then it is for her to bring the same to the notice of the employer and for

the employer to take a decision thereon.

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