Seema Devi vs State Of Himachal Pradesh And Others

Mohammad Rafiq, CJ

This writ petition has been filed by Seema Devi inter alia with the prayer that the respondents be directed to decide her representations, dated 17th July, 2021 (Annexure P­1) and 1st September, 2021 (Annexure P­2) and transfer her to a station/school near her native place.

The case of the petitioner is that she was engaged as TGT (Non­Medical) on contract basis with the respondent­Education Department. She joined at the present place of posting at Government High School Pantah under complex Government Senior Secondary School Ligga, District Chamba, H.P., on 31st August, 2018. The petitioner has completed the normal tenure of two winters and three summers and, therefore, she submitted a representation, through proper channel, before the Deputy Director, Elementary Education, on 17th July, 2021, praying for her transfer near to her native place. When no action was taken, she submitted another representation on 1st September, 2021 seeking her transfer. By now, the petitioner has already completed the normal tenure of three years.

Ms. Ritta Goswami, learned Additional Advocate General, has submitted that as per Clause 16.1 of the Office Memorandum, dated 10th July, 2013, containing the Comprehensive Guiding Principles­2013 for regulating the transfer of State Government employees, the petitioner is required to give an option of five stations of choice for more than one District, whereas the petitioner, in both the representations, has not given the option of stations of her choice and in the writ petition also, she has given her option for one District only. Therefore, she should be required to submit a fresh representation in conformity with Clause 16.1 of the Office Memorandum, dated 10th July, 2013, containing the Comprehensive Guiding Principles­2013 for regulating the transfer of State Government employees.

Having heard learned counsel for the parties and looking into the limited nature of the prayer, we dispose of this writ petition requiring the petitioner to make a fresh representation to respondent No. 2­Director, Elementary Education, in conformity with the aforesaid Clause 16.1 of the Office Memorandum, dated 10th July, 2013, containing the Comprehensive Guiding Principles­2013 for regulating the transfer of State Government employees, giving option of five stations of choice in more than one District. The Director shall consider and pass appropriate order on the representation of the petitioner within a period of fifteen days from the date of representation alongwith a copy of this order.

Pending miscellaneous applications, if any, shall also stand disposed of.