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High CourtsDivision Bench(2020) 06 SHI CK 0131

Pratibha Sharma vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 29 June 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1860 Of 2020
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Judgment

6 paragraphs · 333 words

Anoop Chitkara, J

1.

The petitioner, who is a TGT (Medical), was transferred vide order, dated 9th June, 2020 (Annexure P­1) from Government Senior Secondary School Moginand to Government Senior Secondary School (Boys) Nahan. Consequently, she joined at Government Senior Secondary School (Boys) Nahan on 19th June, 2020. However, vide order, dated 22nd June, 2020 (Annexure P­3), the petitioner has been relieved back, though, the other incumbent, who was transferred to Government Senior Secondary School Moginand in place of the petitioner, is stated to have already joined.

2.

Learned Advocate General, on instructions, submits that it has happened because in another writ petition, i.e. CWP No. 1785 of 2020, titled Poonam Thakur versus State of Himachal Pradesh & others, this Court had directed the petitioner in the said writ petition to make a representation to the Authorities with a further direction to the Authorities to take a decision thereon and till the time, a decision is taken by the Authorities, the transfer order qua the petitioner in CWP No. 1785 of 2020 has been stayed. He further submits that due to salary issues, two persons could not be posted at one post, so the petitioner in the instant writ petition has been relieved back.

3.

At this stage, learned counsel for the petitioner submits that presently, one post is available/vacant at Government Senior Secondary School (Girls) Nahan and the petitioner can be accommodated there.

4.

In view of the above, we deem it appropriate to dispose of this writ petition with a direction to the respondents­State to consider the case of the petitioner for her posting at the said vacant post in Government Senior Secondary School (Girls) Nahan and till the time a decision is taken by the respondents­State in that behalf, the said post shall not be filled­up. The petitioner is at liberty to avail the leave of kind due in the meantime.

5.

The writ petition is disposed of with above directions. Pending miscellaneous applications, if any, also stand disposed of.