High CourtsDivision Bench

Nisha vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 26 July 2021 · Citation: (2021) 07 SHI CK 0229

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 4079 Of 2021
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Judgment

15 paragraphs · 291 words

Tarlok Singh Chauhan, J

1.

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

“a. that Your Lordships may graciously be pleased to issue the writ in the nature of certiorari quashing and setting aside the impugned office order

dated 19.7.2021 contained in Annexure PÂ​1.

b. That Your Lordships may further graciously be pleased to issue the writ in the nature of mandamus directing the respondents to allow the petitioner

to work at Government Primary School Ispur (East) Tehsil Haroli, District Una, Himachal Pradesh.

c. That Your Lordships may further graciously be pleased to issue the writ in the nature of prohibition restraining the respondent department from

relieving the petitioner from her present place of posting.â€​

2.

It would be noticed that the entire thrust of the petitioner seeking quashing of the transfer order is based on personal hardship(s).

3 It is more than settled that the courts are extremely slow in directly interfering in the personal hardship cases. The clear implication of the almost

consistent directions given in the cases is that the transferee could make a representation to the competent authority. Reference in this regard can

conveniently be made to the judgment of the Hon'ble Supreme Court in Rajendra Roy vs Union Of India and anr. (1993) 1 SCC 148.

4.

Consequently, the instant petition is disposed of with a direction to the respondentsÂState to treat the instant petition as representation on behalf of

the petitioner; and consider and decide the same within a period of two weeks. Till then, the status quo qua the petitioner is ordered to be maintained.

It is made clear that this order shall not be treated as precedent in future. Pending application(s), if any, also stands disposed of.