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Promila Devi vs State Of Himachal Pradesh And Another

High Court Of Himachal Pradesh · Decided on 6 April 2021 · Citation: (2021) 04 SHI CK 0118

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2229 Of 2021
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Judgment

7 paragraphs · 331 words

L. Narayana Swamy, CJ

1.

The petitioner, who is working as a TGT (Arts) and posted at Government Senior Secondary School, Thachi, Tehsl Balichowki District Mandi, H.P., has come up before this Court seeking her transfer from Hard/difficult area to one of the stations of her choice, as per clause 16.1 of the Comprehensive Guiding Principles-2013, issued by the State Government, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be two winters and three summers. In this regard, the petitioner has already made a representation, Annexure P-1, which is still pending before the concerned authority.

2.

Notice. Mr. Yudhbir Singh Thakur, learned Assistant Advocate General appears and accepts service of notice on behalf of the respondents.

3.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

4.

Consequently, this petition is disposed of with liberty to the petitioner to make fresh representation to the respondent/ authorities concerned giving five stations of her choice, which must be spread in more than one district, within one week from today, in the light of Clause 16.1 read with Clause 16.5 of the transfer policy. On receipt of such representation, the respondent/authorities shall decide the representation of the petitioner, in the light of the transfer policy occupying the field, within two weeks. It is clarified that while deciding the representation of the petitioner the respondents shall consider the stations of choice of the petitioner as mentioned in her representation, subject to the condition that the incumbents posted there have completed their normal tenure of posting, in accordance with the transfer policy. In case none of them have completed the normal tenure then the office of the respondent/authorities shall get in touch with the petitioner apprising her of vacant stations where the incumbents have completed their normal tenure and the possible places where the petitioner can be posted.

Pending application(s), if any, also stand disposed of.

Copy Dasti.