Dismissed

Pushap Lata v. State of Hp

Himachal Pradesh HC8 Mar 2021CWP/604/2020

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh dismissed a writ petition challenging the cancellation of the petitioner's transfer from Shimla to Bilaspur. The Court held the cancellation was legal as the transfer was based on a D.O. note without independent application of mind, which was unlawful, or the policy clause did not apply due to her Class-I status and residence.

What did the court decide?

The writ petition challenging the cancellation of the transfer order dated 18.01.2020 was dismissed.

Pushap Lata Vs State of Hp — Service and Employment | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.604 of 2020 Decided on: 8^th March, 2021

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__________________________________________________________________ Pushap Lata …..Petitioner.

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Versus State of H.P. …..Respondent.

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_________________________________________________________________ Coram_

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Hon'ble Mr. Justice Ravi Malimath, Judge. Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge.

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1 Whether approved for reporting?

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______________________________________________________ For the petitioner: Mr. Kul Bhushan Khajuria, Advocate. For the respondent: Mr. R.S. Dogra, Senior Additional Advocate General with Mr. Ranjan Sharma & Mr. Anil Jaswal, Additional Advocates General and Mr. R.P. Singh, Deputy Advocate General.

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Jyotsna Rewal Dua, Judge (Oral)

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Petitioner challenges the order dated 31^st January, 2020, cancelling her transfer from GSSS Ogli, District Shimla to GSSS Hatwar, District Bilaspur, ordered on 18.01.2020.

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In the reply filed by the respondent, the reason given for cancellation is that the transfer order dated 18.01.2020 was passed only on the basis of a D.O. note

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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without any independent application of mind by the department in respect of transferring the petitioner to GSSS Hatwar, District Bilaspur. It is also seen from the reply that though the petitioner is working as Principal, which is a Class-I (Gazetted) post and belongs to State Cadre, however, save and except for a brief period of about one year, she has remained posted in District Bilaspur w.e.f. 2013. The argument raised by learned counsel for the petitioner to allow her to serve in District Bilaspur in view of her impending retirement will also not come to her aid as the petitioner is working on Class-I (Gazetted) post, therefore, Clause 5.5 of the transfer policy will not be applicable in her case.

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For the aforesaid reasons, we find no infirmity in cancellation of the transfer of the petitioner. Accordingly, the present writ petition is dismissed. Pending miscellaneous application is also dismissed accordingly.

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( Ravi Malimath ) Judge

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March 08, 2021 (Bhardwaj/Mukesh)

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( Jyotsna Rewal Dua ) Judge

Pushap Lata v. State of Hp

Case brief

What is this about?

What did the court decide?

Pushap Lata v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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