Sumitra Devi vs State Of H.P. & Others

Anoop Chitkara, J

The petitioner, who is working as Peon, in GDC, Haripurdhar, District Sirmaur, H.P. and is under transfer to Government Senior Secondary School,

Jarwa Juneli, District Sirmaur, H.P., has come up before this Court seeking cancellation of impugned order of transfer dated 18.11.2020 (Annexure P-

2) on the ground that clause 5.5 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh,

provides that an employee, who has less than two years to retire, should be posted in the convenient places/ stations.

Notice. Mr. Nand Lal Thakur, learned Additional Advocate General appears and accepts service of notice on behalf of the respondents.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

Given the clause 5.5 of the Comprehensive Guiding Principles-2013, of the transfer policy applicable in the State of Himachal Pradesh, which

provides that an employee, who has less than two years to retire, should be posted in the convenient places/ stations, we dispose of this writ petition

with liberty to the petitioner to make representation to the first respondent, within two weeks for suitable adjustment, strictly in accordance with the

transfer policy. On receipt of such representation, the said respondent 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 interim order dated 23.11.2020, shall remain in force

till the disposal of the representation. The petitioner is at liberty to approach this Court again, in case she still feels aggrieved and dissatisfied from the

outcome of the representation. Pending application(s), if any, are closed.