Rita Kumari vs State Of Himachal Pradesh And Another

Tarlok Singh Chauhan, J

Aggrieved by the order of transfer, one Duni Chand had approached this Court by filing CWP No.1133 of 2021, which was disposed of vide order

dated 30.03.2021 which reads as under:-

 “Since the order of transfer, impugned herein, has been cancelled, therefore, learned counsel for the petitioner does not press the instant petition

and the same is disposed of accordingly.

However, since the order of transfer stands cancelled without notice to 3rd respondent, therefore, it shall always be open to 3 rd respondent to

approach the official-respondents for the redressal of her grievances.

Pending application(s), if any, also stands disposed of.â€​

It was the petitioner herein, who was arrayed as respondent No.3 and since she had not been heard in the matter, therefore, in terms of the

aforesaid order, she preferred a representation dated 01.04.2021 (Annexure P-4) for giving suitable adjustment to her.

However, it appears that the respondents without taking into consideration the representation preferred by the petitioner, which infact was made on

the basis of the liberty granted by this Court, have effected mass transfers of 25 teachers vide Office Order dated 28.04.2021 (Annexure P-5) which

includes the petitioner. Obviously, such course was not open to the respondents without first having considered and decided the representation made

by the petitioner.

Accordingly, we dispose of the instant writ petition by staying the operation of Office Order dated 28.04.2021(Annexure P-5) qua the petitioner till

and so long the representation (Annexure P-4) preferred by her is not decided by the respondents in accordance with law.

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