Disposed¶17

Varsha Devi v. State of Hp and Others

Himachal Pradesh HC15 Mar 2024CWP/2022/2024

Case brief

AI extract

What is this about?

HP High Court, CWP No. 2022 of 2024, decided 15.03.2024 (Satyen Vaidya, Judge): writ petition disposed of. Employee's representation for transfer under State Inter District Transfer Policy rejected 13.12.2023 only because policy was in abeyance (notification 24.11.2023); policy revived 20.02.2024; Director Elementary Education directed to reconsider and decide representation within three weeks strictly per policy. Earlier round: CWP No. 9431 of 2023, Court's order 28.11.2023. No statutes or precedent cases cited.

What did the court decide?

Direction to the Director Elementary Education, Government of Himachal Pradesh to reconsider and decide the petitioner's representation within three weeks, strictly in terms of the State Government's policy for inter district transfer; pending applications, if any, disposed of. ¶17

Varsha Devi Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 2022 of 2024

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Decided on: 15.03.2024

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Varsha Devi. .…Petitioner. Versus State of H.P. and Ors. …Respondents. Coram

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The Hon’ble Mr. Justice Satyen Vaidya, Judge.

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Whether approved for reporting?¹

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For the petitioner : Mr. Mukul Sood, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General.

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Satyen Vaidya, Judge (Oral)

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Petitioner had sought the indulgence of his

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employer on his prayer to transfer him under the policy framed by the State Government for Inter District Transfers. Having failed to achieve result, petitioner had approached this Court by way of CWP

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1 Whether reporters of the local papers may be allowed to see the judgment?

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No. 9431 of 2023. This Court vide order dated 28.11.2023 had issued directions to the respondents

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to consider and decide the representation of the petitioner.

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Before the representation of the petitioner could be decided, the State Government vide notification dated 24.11.2023 had place the Inter District Transfer Policy in abeyance. As a consequence, the representation of the petitioner came to be rejected by the competent authority on 13.12.2023 only on the ground that the policy for inter district transfer has been kept in abeyance.

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The State Government has again revived the Inter District Transfer Policy vide notification dated 20.02.2024 and hence, the rejection of the representation of petitioner on 13.12.2023, if allowed

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to survive will cause prejudice to the rights of the petitioner. Accordingly, the instant petition is disposed of by directing the Director Elementary Education, Government of Himachal Pradesh to reconsider and decide the representation of petitioner

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within three weeks from the date of passing of this order strictly in terms of policy adopted by the State Government for inter district transfer. Pending applications, if any also stand disposed of.

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(Satyen Vaidya) 15^th March, 2024 Judge (sushma)

Varsha Devi v. State of Hp and Others

Case brief

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Varsha Devi v. State of Hp and Others

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