Rani Kumari vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

The transfer of respondent No.3, admittedly, has been effected on the basis of a D.O. note and the same is held to be illegal in terms of common judgment dated 05.07.2013, rendered by this Court in CWP No.801 of 2013, titled Sanjay Kumar Versus State of H.P. & ors. and connected matters. Nonetheless, it cannot be ignored that the child of respondent No.3 is completely disabled and bedridden. Respondents-State has itself provided certain concessions in the matters of transfer and posting to the parents having children with disability.

Accordingly, we direct the respondents-State to consider the case of respondent No.3 for transfer and posting, sympathetically, in terms of Clause 5.6 of the transfer policy issued vide office memorandum dated 17th September, 2015 and appropriate orders in this regard be issued within a period of three weeks from today.

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