AI Structured Summary
Not yet generated for this judgment
Judgment
Vivek Singh Thakur, J
Notice. Mr. Yudhvir Singh Thakur, learned Deputy Advocate General appears and waives service of notice on behalf of the respondents-State.
Petitioner, serving as Lecturer (English) in Education Department of Himachal Pradesh, is posted in Government Sr. Secondary School, Deori,
District Mandi since August, 2019.
The claim of the petitioner is that her husband Shamsher Singh, serving as Lecturer (Sociology), is posted in Government Sr. Secondary School
Panjalag, Tehsil Lad Bharol, District Mandi, H.P and in view of Transfer Policy of the State of Himachal Pradesh, petitioner is seeking her posting by
way of transfer in Government Sr. Secondary School Bhagher, Tehsil Lad Bharol, District Mandi, H.P., against vacancy as couple case, as according
to her now she has been posted at a distance of 125 kms. from the place of posting station of her husband.
It is further case of the petitioner that she has represented to the Director of Higher Education on 27.1.2022 and said representation is pending
consideration and further that there is possibility of appointing someone else against the vacant post in Government Sr. Secondary School Bhagher
Tehsil Lad Bharol, District Mandi, H.P. and therefore she has approached this Court by filing the present petition.
Learned counsel for the petitioner has submitted that he has instructions to say that the petitioner would be contented in case respondents are
directed to consider the representation filed by her in a time bound manner and till then posting of Lecturer (English) be kept vacant in Government Sr.
Secondary School, Bhagher Tehsil Lad Bharol, District Mandi, H.P.
In view of the order proposed to be passed hereinafter, no reply is required to be filed on behalf of the respondents.
In view of the above, present petition is disposed of with a direction to the respondents to decide the representation of the petitioner on or before
21.3.2022, strictly in accordance with law and in terms of Transfer Policy, after giving an opportunity of hearing to the petitioner and after taking into
consideration the circumstances mentioned by the petitioner in the representation, by passing a speaking order. Till the decision is taken on the
representation by the authority concerned, post of Lecturer (English) in Sr. Secondary School Bhagher Tehsil Lad Bharol, District Mandi, shall not be
filled in.
Needless to say that in case of passing of any adverse order, the petitioner is at liberty to avail appropriate remedy for redressal of her grievance
against the said order. All pending applications stand disposed of.
The petitioner is permitted to produce copy of order downloaded from the High Court website and the concerned authority/Court shall not insist for
certified copy of the order, however, may verify the order from the High Court website or otherwise.