Shanta Kumari vs State Of H.P. & Another

Anoop Chitkara, J

The petitioner, who is working as Trained Graduate Teacher (Medical) in Government High School Kariyas, Tehsil Pangi, District Chamba, H.P.,

has come up before this Court seeking her transfer from Hard/difficult area to one of the stations of his 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.

Notice. Mr. Vikas Rathore, learned Additional Advocate General appears and accepts service of notice on behalf of the respondents.

In view of the nature of the order, this Court proposes to pass, no response is required from the respondents.

Consequently, this petition is disposed of with liberty to the petitioner to make fresh representation to the respondent/ authorities concerned giving

five stations of his 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 same, in the light of the transfer policy

occupying the field, within two weeks. Subject to filing of representation within the time-frame mentioned above, the post of TGT (Medical) at

Government Senior Secondary School (Girls), Dharamshala shall not be filled up, in case the same is lying vacant as on today. It is also clarified that

while deciding the representation of the petitioner the respondents shall consider the stations of choice of the petitioner as mentioned in his

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 him 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, are closed.

Copy Dasti.