Kalpna Devi vs State of H.P. and Others

Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order Annexure P-2, whereby she has been transferred from Government Senior Secondary School, Bhota (Hamirpur) to Government Senior Secondary School, Khad (Una).

The main grievance of the Petitioner is that she had joined at Bhota only three months earlier and therefore, could not have been transferred after such a short span. The second grievance is that the transfer of the Petitioner has been ordered only to accommodate Respondent No. 4. The third grievance is that the stay of the Petitioner has been clubbed in order to adjust Respondent No. 4 and if the stay of Respondent No. 4 is clubbed, then she was posted within 25 kilometers.

From the material placed on record it is apparent that the Respondent No. 4 was transferred from Government Senior Secondary School, Sohari (Hamirpur) to Government Senior Secondary School, Khad (Una). She made a representation to the Government that her mother-in-law is 95 years old suffering from mental retardation and her husband is posted at Shimla and there is no one to look after her mother-in-law. The Government accepted the request of Respondent No. 4. If the grievance of the Petitioner is to be seen, she has also a minor child to look after. From the record it is also apparent that the Petitioner was posted at Government Senior Secondary School, Lambloo (Hamirpur) and remained there from 24.3.2005 to 7.6.2008 and thereafter she was again transferred to Government High School, Patta, District Hamirpur and worked there upto 31.5.2010 and then was adjusted at Government Senior Secondary School, Bhota on 31.5.2010. Thus, by now she has completed more than 5 1/2 years within a radius of 15 to 20 kilometers from her native village. She cannot have a right to stay in one place for ever. The Employer had a right to consider the representation of Respondent No. 4 and in the facts of the present case, the Petitioner is not entitled to any relief.

Therefore, I find no merit in the petition which is accordingly rejected. No costs.