Asha Kumari vs State Of H.P. And Ors

Satyen Vaidya, J

Petitioner had made representation to the Director of Elementary Education, seeking transfer by taking aid of limited quota for inter-district transfer in the month of November, 2022. Aggrieved against the conduct of respondents in not taking any decision on the aforesaid representation of the petitioner, she had approached this Court by way of CWP No. 4664 of 2023 for appropriate directions. On 21.07.2023, this Court disposed of CWP No. 4664 of 2023 with direction to respondent No. 2 to consider and decide the representation of the petitioner within three weeks.

Respondents did not decide the representation of the petitioner and in the meanwhile the policy for inter-district transfer was kept in abeyance by the State and as a result thereof respondent No. 2 rejected the representation of the petitioner in December, 2023 by taking shelter of the inter-district transfer policy having been kept in abeyance. The policy, as noticed above, for effecting inter-district transfer has again been revived by the State, vide notification dated 20.02.2024.

Learned counsel for the petitioner has submitted that the petitioner has suffered unnecessary prejudice on account of temporary suspension of the policy. It is further submitted that the petitioner is still willing to get herself transfer under the aforesaid policy for her compelling reasons. In such view of the matter, a prayer has been made to direct respondent No. 2 to re-consider the representation of the petitioner in light of the policy adopted by the State Government for effecting inter district transfer under limited quota.

Prayer being innocuous is not opposed.

Accordingly, the petition is disposed of by directing respondent No. 2 to re- consider and decide the representation, Annexure P-3, of the petitioner within two weeks, from the date of production of this order before him, by passing a detailed and reasoned order, strictly, in terms of the aforesaid policy.

List for compliance on 18.04.2024.