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High CourtsSingle Bench(2023) 10 SHI CK 0029

Asha Kumari vs State Of HP And Others

High Court Of Himachal Pradesh · Decided on 9 October 2023

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 7501 Of 2023

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Judgment

5 paragraphs · 341 words

Sandeep Sharma, J

1.

Having taken note of fact that the petitioner, who is a Veterinary Assistant, has completed her normal tenure at present place of posting, there appears to be no justification for this court to interfere with order dated 23.9.2023/5.10.2023 (Annexure P-1), whereby she has been transferred from Veterinary Dispensary, Chansu (Kinnaur) to Veterinary Dispensary Sumra (Kinnaur) against vacant post. However, having taken note of the fact that the petitioner has been serving in hard area for more than 15 years, as a result of which she is entitled to be posted at a station of her choice, present petition is disposed of with liberty to the petitioner to file representation to competent authority, praying therein for her posting at one of stations of choice in terms of Comprehensive Guiding Principles.

2.

Mr. Rajan Kahol, learned Additional Advocate General, while accepting notice on behalf of the respondents, is not averse to the aforesaid innocuous prayer made on behalf of the petitioner.

3.

Consequently in view of the present petition is disposed of by reserving liberty to the petitioner to file a representation to competent authority, praying for posting at one of stations of her choice, to be detailed in the representation, within in one week from today, which shall be decided by competent authority within two weeks thereafter, strictly as per Comprehensive Guiding Principles, wherein admittedly a provision has been made for transfer of an employee to a station of his/her choice, on completion of normal tenure of posting in hard/tribal area. Needless to say, authority concerned, while doing needful in terms of this order, shall afford opportunity of hearing to the petitioner and pass a speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceedings, before appropriate court of law, if she still remains aggrieved. Till the representation, if filed within one week from today, is decided by competent authority, transfer order dated 23.9.2023/5.10.2023 (Annexure P-1), shall not be given effect.

4.

The petition stands disposed of in the afore terms, alongwith all pending applications.