Nirupma Sharma vs State of Himachal Pradesh

Sanjay Karol, J.—On 24th June, 2010, Government Middle School, Engine Ghar, Sanjauli was merged with Government Sr. Section School, Sanjauli. With the said merger, Petitioner who was serving in the Government Middle School, Engine Ghar was transferred to the Government Sr. Secondary School, Sanjauli along with the post. It cannot be said that in the Government Sr. Secondary School, Sanjauli, Petitioner was either having longest or shortest stay. Yet she now stands transferred from Government Middle School, Sanjauli to Government Sr. Section School, Kyari District Shimla. However, this type of situation is not envisaged in the rationalisation policy (Annexure P-1) framed by the State in March, 2003. Consequently, decision in this regard has to be taken by Respondent No. 1 at the earliest.

On 21.4. 2011, the following order was passed:

21.4.2011 Present: Mr. Rakesh Jaswal, counsel for the Petitioner.

Mr. R.K Bawa, Advocate General, with Mr. J.K Verma, Deputy Advocate General, for the State.

CMP No. 3047 of 2011 Allowed and stands disposed of. CWP No. 2399 of 2011 & CMP No. 3046 of 2011: Learned Deputy Advocate General to get instruction within a week.

Post on 28th April, 2011. In case the Petitioner has not been relieved, as on today, further proceeding in that regard will be deferred for the time being.

Copy dasti.

Sd/ (K.J), C.J. Sd/- (V.K.A), J.

According to the Petitioner, she has yet not been relieved from the school in question and is continuing to render her services there. She also submits that transfer has resulted into certain hardships, as narrated by her in her petition.

Now all these aspects shall be considered by Respondent No. 1 while taking a decision with regard to her transfer/place of posting. This shall be done within a period of 4 weeks from today. Till the decision is taken, interim order dated 21.4.2011 shall continue to be in operation.

With the aforesaid observations, petition stands disposed of.