Promila Devi vs State Of H.P. & Others

Anoop Chitkara, J

The petitioner, who is working as Language Teacher, at Government Senior Secondary School, Recong Peo, District Kinnaur, H.P and is under

transfer to Government Senior Secondary School, Shong, District Kinnaur, H.P., has come up before this Court seeking quashing of impugned order of

transfer dated 16.12.2020, Annexure P-1, on the grounds that she has been transferred on the basis of D.O. Note.

Learned Additional Advocate General has placed on record the written instructions, in which the stand of the respondent-State is that the transfer

order dated 16.12.2020, Annexure P-1 is just and proper because it was issued by the competent authority.

I have heard learned counsel for the parties.

It remains undisputed that the petitioner is posted in the present place of posting from the very beginning. Her total stay has exceeded 13 years.

Thus she has not legal right to oppose her transfer. Thus, the transfer order is not in violation of the transfer policy. As such, there is no merit in this

petition. However, clause 16.1 of the transfer Policy provides that a person belonging to Tribal area is also entitled to posting in the place of choice

outside the Tribal area after completion of the terms.

Consequently, this petition is disposed of with liberty to the petitioner to make representation to the respondent/ authorities concerned giving five

stations of her choice, within two weeks from today, in the light of the transfer policy. On receipt of such representation, the respondent/authorities

shall decide the same, in the light of the transfer policy occupying the field, within two weeks. Pending application(s), if any, are closed.