Tara Devi vs State of H.P and Others

Kurian Joseph, C.J.—The Writ Petition is filed, mainly with the following prayers:

i) Direction be issued by way of writ of certiorari to quash Annexure P-1, the impugned order dated 31.5.2010, which is passed by the Executive Engineer, I & PH Division, Recong Peo, District Kinnaur (H.P.).

ii) Direction be issued by way of writ of mandamus directing the respondents authorities not to give effect to Annexure P-1 and allow the petitioner to work at present place i.e. at WSS Kanai, ( I & PH Section Powari) District Kinnaur, H.P.

iii) Direction be issued to the Respondent No. 3 to adjust the petitioner at places mentioned in para 9 of the petition looking to the facts and circumstances of the case of the petitioner and the medical ground.

Learned Deputy Advocate General inviting reference to the reply submits that the petitioner has long been continuing at the same place and the transfer is only to a nearby place. Learned Counsel appearing for the petitioner, however, submits that there are factual mistakes in the reply. Be that as it may. In view of the medical ground, the petitioner prays that she may be adjusted in any of the places pointed out at paragraph 9 in the Writ Petition. There will be a direction to the second respondent to look into the request made by the petitioner and take appropriate action in accordance with law and see if it is possible to accommodate the petitioner in any of the places pointed out by her in the Writ Petition. Till orders are passed as above, the interim order passed by this Court on 24th August, 2010, will continue. The petitioner will produce a copy of this judgment alongwith a copy of the Writ Petition before the second respondent within a period of two weeks.

The Writ Petition is accordingly disposed of, so also the pending application(s), if any.