Raj Kumari vs State of H.P. and Others

Kurian Joseph, C.J.—Petitioner is aggrieved by Annexure P-2, order of transfer, whereby he has been transferred from Government Primary School, Lower Julakhri, Chamba District to Government Centre School, Lower Kugati, Bharmour. It is seen that the transfer is made by the second Respondent, Deputy Director, on account of Annexure P-3, order passed by the Director. Annexure P-3, order is passed pursuant to the directions issued by this Court in a writ petition, filed by the 4th Respondent since the 4th Respondent claimed transfer to a non-tribal area. It is seen from Annexure P-3, order of the Director that the 4th Respondent had also opted for Government Primary School, Mehla. It is the submission of the Petitioner that the post at Mehla is still vacant. As far as the Petitioner is concerned, it is submitted that she has crossed the age of 55 years and she is also suffering from several diseases and she is also entitled for a couple case and in any case she has already served in the tribal area at Government Primary School, Kelar, Pangi in her service career earlier.

There will be a direction to the second Respondent to look into this aspect and in case the place pointed out by the 4th Respondent at Mehla is vacant, it shall be considered as to whether the 4th Respondent can be accommodated at Mehla, so that in view of the circumstances stated by the Petitioner, she may not be disturbed at this stage. Needful order shall be passed within one week. The Petitioner will immediately produce a copy of this judgment alongwith the copy of the writ petition before the second Respondent and will also serve a copy each thereof on the 4th Respondent simultaneously. In case the Petitioner has not been relieved as on today, further proceeding in that regard will be deferred till orders are passed, as above, by the second Respondent.

The writ petition stands disposed of, so also the pending application(s), if any.