Surekha Chauhan vs State Of H.P. & Ors

Sushil Kukreja, J

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following substantive relief:­

“(a). To issue a writ of mandamus, appropriate writ, order or direction in nauture thereof, directing the respondent department to consider representation of the petitioner for transferring her to any of the places mentioned in (Annexure P­1) which are falling vacant w.e.f. 31.01.2023.”

Learned counsel for the petitioner has submitted that the petitioner is working as Central Head Teacher at Government Primary School, Nagheta, District Sirmaur and husband of the petitioner is working at Government College, Paonta Sahib, District Sirmaur and is posted at a distance of 40 Kms., from the present place of posting of the petitioner. As per Clause 5.4 of the Transfer Policy, dated 10th July, 2013, in case wife and husband both are working under the State Government, efforts should be made to post them at one place or near places as far as possible, subject to vacancy. He has further submitted that the petitioner has moved a representation (Annexure P­1) to respondent No. 2 for redressal of her grievances, but no decision has been taken on the said representation till date. At this stage, the petitioner would be satisfied in case respondent No. 2 is directed to dispose of the representation (Annexure P­1) moved by the petitioner in a time bound manner.

Accordingly, without adverting to the merits of the case, this petition is disposed of with a direction to respondent No. 2 to consider and decide the representation (Annexure P­1) moved by the petitioner, expeditiously in accordance with law, preferably within a period of one week from the date of receipt of the copy of this order.

Pending miscellaneous application(s), if any, shall also stand disposed of.

For compliance, to come up on 10th February, 2023.