Smt. Reeti Dhiman vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner is aggrieved since she is not able to comply with the order of transfer Annexure P-2. She has been removed from GSSS Rohanda to join at GSSS Kanaid. As per the said order she was relieved on 31.5.2010 but when she reported for duties at Kanaid it was learnt that the post at Kanaid had already been filled by another incumbent Sarita Pathak so much so the Petitioner has not been permitted to join duties. She cannot go back to Bhangrotu since the post at Bhangrotu has also been filled up. Therefore, this writ petition is disposed of. We direct the second Respondent to look into the submissions made by the Petitioner in the petition treating the same as representation and pass an appropriate order in accordance with law and justice, adverting to the allegations raised and submissions made in the writ petition. This shall be done within a period of 10 days from the date of production of the copy of the judgment alongwith copy of the writ petition by the Petitioner. It is made clear that being a couple case, while passing order on the representation of the Petitioner, the second Respondent shall keep in mind that Respondent is also seeking benefit of couple posting. Since the Petitioner has already been relieved and is unable to join duties for no fault on her part, the period after relieving till joining the new station shall be treated as duty period and she will be entitled to all the service benefits for the said period.