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Judgment
Mohammad Rafi, CJ
This writ petition has been filed by Smt. Pankaj Bala wife of late Sh. Vishal Dogra. Her husband was serving in S.S.B. as Assistant Commander at Shringar Gadwal. It is stated that on 13.09.2014 he died in a bus accident and not in action. It is contended that the father-in-law and mother-in-law of the petitioner are old and aged and there is none to look after them. Petitioner was initially appointed as Lecturer in subject Chemistry, on contract basis, with the respondent/Department on 19.07.2017 and was posted in Government Senior Secondary School Sarimolag, Tehsil Jaisingpur, District Kangra, HP. She joined her services there on 24.7.2017 and her services were regularized on 26.10.2020. However, since initial appointment she has been working in the same place for the last more than four years.
Learned counsel for the petitioner argued that as per Clause 5.2 of the Transfer Policy promulgated vide Office Memorandum dated 10.07.2013 the respondents have opted to give preference to the wives of Officers/Officials of Military/Central Para-Military Forces as far as possible in matter of posting at convenient places subject to availability of vacancy.
Petitioner has submitted representation to Respondent No 2/Director of Higher Education, Shimla, HP, on 23.8.2021 giving the names of three such stations.
Learned Additional Advocate General has produced before the Court, communication received from the Director of Higher Education, Himachal Pradesh that none of the three stations which the petitioner has opted to be posted at, as per her choice, are presently lying vacant. If that be so, petitioner to make a fresh representation to Respondent No. 2/Director of Higher Education indicating the places in the post of Lecturer (Chemistry) in any Government Senior Secondary School which are vacant in the District. On her submitting such representation, within ten days, and on receipt of such representation, Respondent No. 2/Director of Higher Education shall pass appropriate orders in conformity with the transfer policy Clause 5.2 (supra) within fifteen days thereafter.
The writ petition is disposed of accordingly, so also the pending miscellaneous application(s), if any.