Kanta Devi vs State Of H.P. & Others

Anoop Chitkara, J

The petitioner, who is a Class-IV, at Primary Health Centre Bhutti, District Kullu, H.P., has come up before this Court seeking her transfer to nearby station from her residence on the grounds that she has less than two years to retire as clause 5.5 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh, provides that an employee, who has less than two years to retire, should be posted in the convenient places/ stations as well as her bad health condition.

Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General appears and accepts service of notice on behalf of the respondents.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

Consequently, this petition is disposed of with liberty to the petitioner to make fresh representation to the second respondent, within one week, as per Clause 5.5 of the Comprehensive Guiding Principles. On receipt of such representation, the said respondent shall consider the same sympathetically, keeping in view her bad health condition and in the light of the transfer policy occupying the field, and pass appropriate orders, within two weeks. It is clarified that while deciding the representation of the petitioner, the respondents shall consider the stations of choice of the petitioner as mentioned in her representation, subject to the condition that the incumbents posted there have completed their normal tenure of posting, in accordance with the transfer policy. Pending application(s), if any, are closed.