Anita Katoch vs State of H.P. and others

Deepak Gupta, J.—By means of this petition, the petitioner, who is working as ARTO at Dharamshala, has challenged her order of transfer.

In the petition itself, the petitioner has expressed her willingness to serve at Kandwal barrier. The respondents, in their reply, have also stated that in case the Court so directs, they shall consider the request of the petitioner for her posting as ARTO Kandwal.

As far as merits of the petition are concerned, the petitioner has almost completed three years at Dharamshala and when a lady joins service, she should realize that she can be posted at any place and may have to do duty at odd hours as per the exigencies of service. In this day and age, when we talks of gender equality and when women are serving in the Armed Forces, Police, working as Pilots etc., a woman, who claims equality for employment, cannot turn around and claim that she should not be transferred at the barrier. In fact, this argument of the petitioner is negated by her own offer to serve at Kandwal barrier.

Therefore, I find no merit in the petition. However, since the State itself has, in its reply, stated that it shall consider the case of the petitioner for being posted at Kandwal barrier, the State may take a decision on this aspect on or before 30th November, 2011. Till then the petitioner shall be permitted to work at the present place of working. Thereafter, the petitioner shall join the duties, wherever she is posted. The petition is disposed of accordingly. No costs.