Kavita Thapa vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

Notice. Ms. Rita Goswami, learned Additional Advocate General and Mr. Anup Rattan, Advocate, appears and waives service of notice on behalf of respondents No.1 to 4 and 5 respectively. As the name of respondent No.5 has wrongly been mentioned in the memo of parties, learned counsel for the petitioner has to correct the same.

The instant petition has been filed for the grant of following substantive reliefs:

“i. That appropriate writ order or direction may be issued and impugned notification/order dated 27.4.2022 vide annexure P­2, issued by the respondents may kindly be quashed and set aside.

ii. That the respondents may kindly be directed to give preferably consider the representation keeping in view she is widow and her adverse family circumstances and be suitably adjusted to posts which are lying vacant on event of superannuation on 30.4.2022 and 31.5.2022:

a. GSSS. Matour, Kangra, H.P.

b. GSSS. Birla, Kangra, H.P.

c. GSSS, Khaniyara Khas, Kangra, H.P.

d. GSSS, Dari, Dharamshala Kangra, H.P. (on 31.5.2022)”

It would be noticed that the petitioner while assailing the order of transfer has been confined her plea to individual hardship and has also relied upon Clause 5.1 of the Comprehensive Guiding Principle­2013 (Annexure P­3) for regulating the transfer of State Government employees, which reads as under;

“5.1 Concessions to widows:­ Such Officers/Officials, as far as possible will not be posted at the Difficult/Hard/Tribal Areas.”

It is more than settled that individual hardship including the grant of concession/benefits, as claimed by the petitioner is a matter, which is required to be considered by the employer.

In such circumstances, without going into the merits of the case, we deem it proper to dispose of the instant petition by directing the respondents to consider the case of the petitioner sympathetically by taking into consideration the fact that she is a widow and her son is also suffering from blood cancer and also the fact that she is entitled to certain benefits under the guidelines, as contemplated in para supra. While deciding the case of the petitioner, the respondents shall consider the places of posting as mentioned in para 7 of the petition, as quoted above. Needful be done within a period of two weeks from today and compliance affidavit be filed within three weeks from today.

It is made clear that no coercive steps shall be taken against the petitioner and she shall not be compelled to join at the transferred station.

The petition is disposed of in the aforesaid terms, so also the pending application(s), if any.

To come up for compliance on 30.5.2022.