Disposed

Thakri Devi v. State

Himachal Pradesh HC13 Dec 2010CWP/6822/2010

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh dismissed a writ petition challenging the petitioner's transfer. The court directed the authorities to reconsider the matter within two weeks upon receipt of a representation, maintaining an interim order pending final decision.

What did the court decide?

Petition disposed; direction to authorities to consider representation within a week and decide within a fortnight; interim order continued.

Thakri Devi Vs State — Service and Employment | Himachal Pradesh HC (2010)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 6822 of 2010

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Date of decision: 13^th December, 2010

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Thakri Devi

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......Petitioner.

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Versus State of Himachal Pradesh & others .....Respondents.

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Coram

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The Hon’ble Mr.Justice V.K. Sharma, J.

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Whether approved for reporting?¹ No

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For the petitioner: Mr. G.R. Palsra, Advocate.

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For respondents: Mr. Anil Jaswal, Deputy Advocate General.

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V.K. Sharma, J. (oral)

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The petitioner, who is working as Panchayat Sahayak on contract basis is aggrieved by her transfer from Gram Panchayat, Shalla, District Mandi to Gram Panchayat Lot, district Mandi vice private respondent No. 3 vide order dated 5^th October, 2010, Annexure P-2. She has filed the present petition, mainly on the ground of short stay, on the following prayers:-

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“ (i) That the transfer order dated 5.10.2010 contained in Annexure P-2, issued by respondent

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1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes.

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No. 2 may kindly be quashed by issuing writ of certiorari.

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(ii) That the respondents No. 1 and 2 may kindly be directed to allow to the petitioner to serve as Panchyat Sahayak in Gram Panchyat Shalla by issuing writ of mandamus”.

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In reply on behalf of the respondents No. 1 and 2,

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the following stand has been taken by way of preliminary submission at para 1 and para 3 on merits:-

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“That the said case was listed on 28.10.2010, when the Hon'ble High Court has directed that “in case, the petitioner has not been relieved as on today further proceedings shall be deferred”. It is humbly submitted that in compliance to the said order, the petitioner has not been relieved as on today.

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Para-3. That in reply to the contents of this para it is submitted that the petitioner has been transferred from Gram Panchayat Shalla to Gram Panchayat Lot vide office order dated 5.10.2010 (Annexure P-2). It is further submitted that no Govt. employee can claim his transfer as a matter of right and it is the prerogative of Govt. to decide when and where to transfer its employee. Though the Govt. has framed a transfer of employee, but an employee can be transferred even before the expiration of specific period in public interest and on administrative grounds.”

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In view of the above, the petition is disposed of

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with a direction to respondents No. 1 and 2/Competent

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Authority, that subject to the petitioner making a representation within a week from today, the said respondents/Competent Authority shall consider the same by taking into consideration the office memorandum dated 13^th August, 2009, Annexure P-3, and take final decision in the matter in accordance with law and justice within next fortnight, after hearing the petitioner and private respondent No. 3, if so desired. Till then interim order dated 29^th October, 2010 shall continue.

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In view of the above, the petition stands disposed

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of, so also the pending CMP(s), if any.

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Copy dasti .

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(V.K. Sharma), Judge.

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December, 13, 2010 (KRS)

Thakri Devi v. State

Case brief

What is this about?

What did the court decide?

Thakri Devi v. State

Case brief

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What did the court decide?

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