Dr. Ashal Kanwar vs State of Himachal Pradesh

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayer: (i) That a writ of certiorari may kindly be issued and the impugned notifications dated 26th March, 2010 and 28th April, 2010 may be quashed and set aside and the petitioner may be allowed to continue at Government College, Sanjauli.

The main grievance of the petitioner is that she is sought to be replaced by a contract employee. But the impugned order of transfer shows that it is a vacant post. Be that as it may. It is seen from the short reply that the petitioner has been continuing for more than ten years in and around the present station. The petitioner submits that she has only less than two years of service to retire and as per the policy, the employee with less than two years has a right to make a representation for posting to any of the places convenience subject to availability of vacancy. All these aspects the petitioner may point out before the first respondent by way of appropriate representation. In the event of the petitioner filing such a representation within one month from today, the matter will be considered taking note also of the vacancies pointed out by the petitioner. In the case the petitioner is to be transferred, an attempt shall be made to accommodate the petitioner in the open vacancy pointed out by the petitioner in the representation. Till the decision is taken on the representation, the arrangement as on today will continue. The writ petition is disposed of, so also the pending applications, if any.