High CourtsDivision Bench

Manisha Verma vs State Of H.P. And Others

High Court Of Himachal Pradesh · Decided on 8 January 2021 · Citation: (2021) 01 SHI CK 0139

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
CASE NUMBER
Civil Writ Petition No. 6225 Of 2020
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Judgment

22 paragraphs · 441 words

Tarlok Singh Chauhan, J

1.

Learned Additional Advocate General has placed on record instructions dated 06.01.2021, the relevant portion whereof reads as under:

“In this regard, it is submitted that the petitioner was transferred from GSSS Anni (Kullu) to GSSS Banjar (Kullu) against vacancy with the prior

approval of competent authority vide order dated 11.11.2020. The Respondent No.4 who was working at GSSS, Kungush, Distt. Kullu filed writ

petition No.4407/2020 titled as Jintender Sharma vs. State for his transfer to choice of stations. This case was listed before the Hon’ble High

Court on 29.10.2020, when the respondents were directed to impart instructions regarding adjustment of petitioner in his choice of stations. As per

directions of this Hon’ble Court instructions were imparted whereby it was mentioned that stations mentioned in the Writ Petition No. 4407/2020

were not vacant and incumbents working there were having short stay with further information that one post of Lecturer Biology is lying vacant at

GSSS Banjar, Kullu. The Writ Petition No. 4407/2020 was listed before the Hon’ble Court on 3.11.2020, when the Hon’ble Court on the basis

of instructions imparted by the Respondents directed to transfer the petitioner i.e. Jitender Sharma in GSSS Banjar, Kullu. (Copy of order dated

3.11.2020 is enclosed). This order was communicated to this office on 11.11.2020, but during the period between 3.11.2020 to 11.11.2020 the approval

from competent authority were received to transfer the present petitioner from GSSS Anni, Kullu to GSSS Banjar, Kullu and orders were issued on

11.11.2020. On the receipt of communication regarding order dated 3.11.2020 from the office of Ld. Advocate General the transfer orders of present

petitioner issued on 11.11.2020 were reviewed as per directions passed by the Hon’ble Court in CWP No. 4407/2020 dated 3.11.2020, the same

were cancelled and Jintender Sharma, respondent No.4 in present petition was ordered to be transferred to GSSS Banjar, Kullu vide order dated

14.12.2020,â€​

2.

Since the posting and transfer of the petitioner has been effected on account of the development took place in the writ petition filed by respondent

No.4 (Jatinder Sharma) in this petition, being CWP No. 4407 of 2020, titled Jatinder Sharma vs. State of H.P. and others, decided on 03.11.2020. We

are not inclined to interfere with the order of transfer. Consequently, the instant writ petition is dismissed, so also the pending application(s), if any.

3.

However, the petitioner is free to make a representation to the respondents highlighting her grievances therein. If such representation is made by

the petitioner within a period of two weeks from today, then the same shall be considered and decided sympathetically by the respondents by another

period of four weeks.