Kiran Kumari vs State Of H.P. & Ors

Tarlok Singh Chauhan, J

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

i) That a writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the respondents to transfer

the petitioner from Government Central Primary School Dharampur, Education Block Haroli, District Una, Himachal Pradesh to Government Centre

Primary School Samoor kalan, Education Block Una-II, District Una, Himachal Pradesh, in terms of clause 5.3 of the transfer policy, without waiting

for any substitute.

A perusal of the petition would clearly go to show that the petitioner has claimed the aforesaid relief based on the plea of individual hardship. It is

more than settled that the Courts are extremely slow to interfere directly in personal hardship cases, the clear implication of the almost consistent

directions given in the cases are that the transferee could make a representation to the competent authority.

Reference in this regard can conveniently be made to a judgment of the Hon’ble Supreme Court in Rajendra Roy vs. Union of India and

another (1993) 1 SCC 148, wherein it was observed as under:

“7..... The appellant has not made any representation about personal hardship to the department. As such, there was no occasion for the

department to consider such representation. This appeal, therefore, fails and is dismissed, but we make no order as to costs. It is, however, made clear

that the appellant will be free to make representation to the concerned department about personal hardship, if any, being suffered by the appellant in

view of the impugned order. It is reasonable expected that if such representation is made, the same should be considered by the department as

expeditiously as practicable.â€​

At this stage, learned counsel for the petitioner states that one post is vacant at Government Centre Primary School Samoor Kalan, Education

Block Una-II, District Una. If that be so, respondents may consider the case of the petitioner for posting her at the aforesaid station, if possible, in

accordance with law, within a period of four weeks.

Accordingly, the present writ petition is disposed of, so also pending applications, if any.

Copy dasti.