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Varsha Kumari v. State of Hp and Others

Himachal Pradesh HC12 Aug 2024CWP/8117/2024

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Himachal Pradesh disposed of a challenge to a transfer order. The petitioner, a government employee with a young child and a totally disabled brother dependent on her, sought adjustment at another station. The court did not quash the transfer outright but directed the respondents to sympathetically consider her representation for an adjustment within two we

What did the court decide?

Directed respondents to consider petitioner's representation for adjustment at another station sympathetically within two weeks of receipt.

Varsha Kumari Vs State of Hp and Others — Service and Employment | Himachal Pradesh HC (2024)

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2024:HHC:6826

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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	CWP No. 8117 of 2024
	Decided on: 12.08.2024
Varsha Kumari Versus	… Petitioner
State of Himachal Pradesh & others	… Respondents

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?¹

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____________________________________________________ _ For the petitioner : Ms. Salochna Rana, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 and 2-State.

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Ajay Mohan Goel, Judge (Oral)

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Notice confined to respondents No.1 and 2 only. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents No.1 and 2.

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The petitioner is aggrieved by transfer order (Annexure P-1), in terms whereof, she has been transferred to Pt. JLNGMC Chamba, District Chamba, H.P. from SLBSGMC Nerchowk, District Mandi, H.P. Learned counsel for the submits that husband of the petitioner is also in Government service and he is serving in district Sirmour, H.P. The petitioner has a three years old child to look after and besides this, she has a young brother who is 100% disabled and in view of the fact that she is the only kin of her brother and as her father is serving in Indian Army and their mother is no more, the brother is totally dependent upon her. In these circumstances, she submits that interest of justice would be served in case this Writ petition is disposed of with the direction that the 1 Whether reporters of the local papers may be allowed to see the judgment?

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2024:HHC:6826

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petitioner be adjusted at some other station rather than being transferred to Chamba, which is at a distance of more than 200 kilometer from her present place of posting.

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In light of the submissions made by learned counsel for the petitioner, this Writ petition is disposed of with the direction that in the event of the petitioner approaching the respondents by way of filing appropriate representation for her adjustment at some other station, appropriate decision be sympathetically taken thereupon taking into consideration the circumstances of the family of the petitioner, within a period of two weeks as from the date of receipt of the same. Till then, the petitioner shall not be forced to join the station to which she stands transferred and she will be at liberty to avail the kind of leave due to her.

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Pending miscellaneous application(s), if any also stand disposed of accordingly.

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(Ajay Mohan Goel) Judge

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August 12, 2024 (Rishi)

Varsha Kumari v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Varsha Kumari v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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