Sonam Kumari vs State Of H.P. & Others

Satyen Vaidya, J

Notice. Learned Additional Advocate General appears and waives service of notice on behalf of the respondents.

By way of instant petition, petitioner has taken exception to a transfer order dated 6.3.2024, whereby she has been transferred from GSSS, Suri District Una to GHS Banona in District Sirmour, H.P.

Learned counsel for the petitioner has fairly conceded that though the petitioner has completed her normal tenure of posting at GSSS, Suri, District Una but she is facing difficulty to join her next place of posting as the husband of the petitioner is an army personnel, serving presently at Kupwara in Jammu & Kashmir. In absence of her husband, she has the responsibility to look after the entire family.

Clause 5.2 of the Comprehensive Guiding Principles-2013 for regulating the transfers of the employees of the State Government provides for a concession to the wives of army personnel and as per such concession, the respondent State is under obligation to consider the difficulty faced by such wives before transferring them from one place to other and they are also required to be posted at a place of their choice, subject to availability of vacancies.

That being so, this petition is disposed of by permitting the petitioner to submit her representation to respondent No.2 within one week from today, strictly in terms of Clause 5.2 of the Comprehensive Guiding Principles-2013 for regulating the transfers of the employees of the State Government and on receipt of such representation, respondent No.2 shall decide the same within a further period of two weeks thereafter. Till the decision on the representation of the petitioner, the impugned transfer order dated 6.3.2024 qua the petitioner shall remain in abeyance. Pending applications, if any, also stand disposed of.