Bishma Kumari vs State Of Himachal Pradesh And Others

Sabina, J

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:

"a) Quash and set aside the rejection of the representation of the petitioner (Annexure P-1).

b) Direct the respondent to transfer the petitioner to any of the choice of station mentioned at para No.7 of the petition as per policy."

Learned counsel has further submitted that the husband of the petitioner is posted at Government Senior Secondary School, Kilba. Learned counsel has submitted that the petitioner is suffering from gynaecologic problem and has to also travel on foot for one hour to reach the place of posting. Learned counsel for the petitioner has also referred to Clause 5.4 of the Transfer Policy, dated 10.7.2013 (Annexure P-4).

Learned counsel for the petitioner has also submitted that, at this stage, the petitioner would be satisfied in case the petitioner is permitted to move a fresh representation to respondent No.2 and direct the said respondent to decide the same within a time bound manner.

Accordingly, without adverting to the merits of the case, the writ petition is disposed of with a direction that in case petitioner moves a fresh representation before respondent No.2, within a week, then respondent No.2 shall consider and decide the same sympathetically, within four weeks. Pending application(s), if any, also stand disposed of.