Yamuna Devi vs State Of H.P. & Anr

Sushil Kukreja, J

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

“That in view of the submissions made in the writ petition may kindly be allowed and the respondent No. 2 may kindly be directed to transfer the petitioner at one of the vacant post on ground of Couple case and keeping in view disability of husband.”

The case of the petitioner is that she is serving as TGT (Non­medical) at GMS Jhalwari, under Complex GSSS Jangla, Tehsil Rohru, District Shimla, H.P. The husband of the petitioner is 64% disabled person and is serving as Lecturer (Physics) at GSSS Dehar, District Mandi, H.P. The petitioner had submitted a representation to respondent No. 2 on 16.11.2022 (Annexure P­3) for transferring her either to GBSSS Bilaspur or to GHS Parnali under Complex GSSS Bandla Bilaspur, H.P. However, after examining the representation of the petitioner, respondent No. 2 had informed her that she cannot be adjusted at the stations given by her in her representation.

At this stage, learned counsel for the petitioner has submitted that the petitioner would be satisfied if she is permitted to file a fresh representation before respondent No. 2 within two days from the receipt of copy of this order and if the same is decided 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 the representation, to be filed by the petitioner afresh, within two days from the receipt of copy of this order; and decide the same as expeditiously as possible, preferably within a period of one week thereafter, strictly in accordance with law.

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