Asha Devi vs Manju Khullar and Another

Rajiv Sharma, J.—This Letters Patent Appeal has been preferred by the Appellant against the judgment dated 29.3.2011 of the learned Single Judge rendered in CWP No. 1360/2011.

Material facts necessary for the adjudication of this Letters Patent Appeal are that Appellant and Respondent No. 1 were promoted to the post of Superintendent Grade-I. Respondent No. 1 was posted in the office of Deputy Commissioner, Shimla. She joined her duties on 5.3.2011. Thereafter, on the basis of representation made by Appellant, she was adjusted in the office of Deputy Commissioner, Shimla and Respondent No. 1 was transferred to the office of Deputy Commissioner, Solan on 15.3.2011. Appellant joined her duties in the office of Deputy Commissioner, Shimla on 16.3.2011. Respondent No. 1 assailed her transfer order dated 15.3.2011 before this Court by way of CWP No. 1360/2011. The same was allowed by the learned Single Judge on 29.3.2011 and order dated 15.3.2011 was quashed.

Mr. Ramakant Sharma has strenuously argued during the course of hearing that his client is a lady and she is living alone. She has to superannuate in the month of September, 2013.

Mr. Subhash Sharma has brought to the notice of the Court that his client''s son has to appear in the matriculation examination in the month of March, 2012 and his client has also lost a young girl of four years age.

The Court has very interactive session with the Appellant as well as Respondent No. 1. In order to balance the equities, it was impressed upon the parties that the matter be settled amicably. A suggestion was made to the client of Mr. Subhash Sharma that she can be permitted to remain in the office of Deputy Commissioner, Shimla till 31st March, 2012 and thereafter she will be deemed to be relieved in order to join her duties in the office of Deputy Commissioner, Solan and in the meantime, Appellant shall join her duties in the office of Deputy Commissioner, Solan and thereafter she will be permitted to join back her duties in the office of Deputy Commissioner, Shimla on 1.4.2012. The parties are agreeable to this suggestion of the Court.

Consequently, the present Letters Patent Appeal is disposed of with the following consent order:

i) Respondent-State is directed to permit Respondent No. 1-Manju Khullar to discharge her duties of Superintendent Grade-I in the office of Deputy Commissioner, Shimla till 31.3.2012 and on 1.4.2012, she will be deemed to have been relieved in order to enable her to join duties in the office of Deputy Commissioner, Solan;

ii) The Appellant shall be permitted to work as Superintendent Grade-I in the office of Deputy Commissioner, Solan till 31.3.2012 and she will be permitted to join her duties in the office of Deputy Commissioner, Shimla on 1.4.2012.

iii) Needful be done within a period of one week from today.