Bhagwati vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Notice. Ms. Seema Sharma, learned Deputy Advocate General and Mr. Sunil Mohan Goel, learned Standing Counsel, appear and waive service of notice on behalf of respondents No.1 & 2 and respondent No.3, respectively.

Heard.

Petitioner’s grievance is to the office order dated 31.07.2023 (Annexure P-3), whereunder, she, working as Peon at Branch Office Nogli, has been transferred to Branch Office Kholighat. Learned counsel for the petitioner submitted that the petitioner is a Class-IV employee. Her father-in-law is suffering from 40% permanent disability. The husband of the petitioner is serving as Assistant Manager in Agriculture Rural Development Bank at Rampur.

Inviting attention to Clause 13(d) of the transfer policy of the respondent-Bank, learned counsel for the petitioner highlighted that in view of petitioner’s spouse working in Government/Semi-Government Organization/ Board/Corporation/Bank, the petitioner is entitled for posting in any of five stations of her choice. The respondent - Bank can take decision subject to availability of posts and other administrative factors.

Learned counsel for the petitioner submitted that the petitioner would be content in case she is permitted to represent to respondent No.3 for her adjustment in light of her family circumstances and directions are issued to respondent No.3 to decide the same within a fixed time schedule.

In view of the above submissions, this writ petition is disposed of by permitting the petitioner to make a representation to respondent No.3 within two days from today, which shall be considered and decided by respondent No.3/competent authority in accordance with law and applicable transfer policy, within a period of one week thereafter. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.