The High Court disposed of a writ petition challenging a government employee's transfer. Directed authorities to reconsider the transfer after a representation, declaring an existing interim order valid.
Direction to respondents to consider the transfer application after representation within ten days and take a final decision within a fortnight.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 6444 of 2010.
Decided on: 14.12.2010.
__________________________________________________ Champa Devi. … Petitioner.
Versus State of H.P. and others. … Respondents.
___________________________________________________________ Coram:
Hon’ble Mr. Justice V.K. Sharma, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Kulbhushan Khajuria, Advocate. For respondent No.1to 3 : Mr. Anil Jaswal, Dy.A.G.. For respondent No. 4 : None despite issuance of notice through speed post.
___________________________________________________________ Justice V.K. Sharma,J. (Oral).
The petitioner is working as Peon in the Education Department. She was posted in Government Senior Secondary School (Girls), Bilaspur. She has been transferred to Government Senior Secondary School, Deoth, District Bilaspur, vice private respondent No.4 vide office order dated 29.9.2010, Annexure P-1.
“4. That the husband of the petitioner is 60% physically challenged person, which is evident from Annexure P-2 and is totally dependent upon the petitioner. The petitioner cannot lookafter her husband from the place where she has been ordered to be transferred.”
1 Whether reporters of the local papers may be allowed to see the judgment? No.
2
been made:-
“(A). That this writ petition may kindly be allowed, writ in the nature of certiorari may be isisued and the impugned order contained in Annexure P-1 dt. 29.9.2010 may be quashed and set aside.”
Dasti copy.
(V.K. Sharma) Judge.
December 14, 2010. (cr)
3
2 issues framed by the court
Whether to quash the transfer order and grant final relief regarding the petitioner's appeal against transfer.
Whether an interim order and a direction for a fresh consideration of the transfer application is appropriate.
Champa Devi
State of H.P.
Competent Authority
Private Respondent No. 4
V.K. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
