Radha Devi Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Radha Devi Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without going into merits; liberty reserved to the petitioner to file a fresh representation to the competent authority seeking adjustment at a convenient station on the ground of couple case after completion of the academic session, to be decided expeditiously (preferably within ten days of receipt) after affording her an opportunity of being heard and taking note of the Himachal Pradesh Government transfer policy.

Issue for consideration

Whether the order dated 01.10.2025 rejecting the petitioner's representation for transfer/adjustment on account of adverse family circumstances warrants interference by this Court. +1 more

Court's answer

Having carefully perused the order under challenge, the Court is not persuaded to interfere with the order dated 01.10.2025 rejecting the petitioner's representation.

Ratio / Principle

Liberty is reserved to the petitioner to file a fresh representation to the competent authority praying for her adjustment at a convenient station on the ground of couple case after completion of the academic session.

Key takeaways

Taking note that the school where the petitioner is presently teaching is a winter closing school, the Court disposed of the petition without going into the merits of the case.obiter¶9
The competent authority shall decide the fresh representation expeditiously, preferably within a period of ten days from the date of receipt of the representation.ratio¶13
While acting on the fresh representation, the authority concerned shall afford the petitioner an opportunity of being heard and pass appropriate order taking note of the transfer policy formulated by the Government of Himachal Pradesh, which enables an employee to seek transfer/adjustment on the ground of couple case.

Detailed headnote1 paragraphs

Transfer/adjustment – representation rejected on 'single teacher' ground – writ petition disposed of without entering merits. The petitioner's representation for transfer/adjustment on account of adverse family circumstances (filed pursuant to the Co-ordinate Bench order dated 28.08.2025 in CWP No. 14858 of 2025) had been rejected vide order dated 01.10.2025 on the ground that she is single teacher at her present place of posting. Not persuaded to interfere, but noting that the school is a winter closing school, the Court reserved liberty to the petitioner to file a fresh representation after completion of the academic session seeking adjustment at a convenient station on the ground of couple case, to be decided expeditiously (preferably within ten days) after affording her a hearing and with reference to the Himachal Pradesh Government transfer policy, which enables transfer/adjustment on couple case ground. Passing observation: an employee needing transfer on adverse family circumstances cannot be made to suffer merely for non-availability of teachers. Pending applications disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.17403 of 2025

Date of Decision: 11.11.2025

____________ ___________________________________________ Radha Devi …….Petitioner Versus State of Himachal Pradesh and others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioner: Mr. Prantap Sharma, Advocate. For the Respondents : Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals, for the respondent-State. ____________________________________________________ Sandeep Sharma, Judge (oral):

Petitioner herein is aggrieved of order dated 01.10.2025

(Annexure P-3), whereby representation having been filed by him in terms of order dated 28.08.2025 passed by Co-ordinate Bench of this Court in CWP No. 14858 of 2025, titled Radha Devi vs. State of

Himachal Pradesh and another , for her transfer/adjustment on account of adverse family circumstances, came to be rejected on the ground that she is single teacher at present place of posting.

Though, having carefully perused order laid challenge in the instant proceedings, this Court is not persuaded to interfere in the same, but having taken note of the fact that school in question where

at present petitioner is teaching is winter closing school, this Court

without going into the merits of the case, deems it fit to dispose of the

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

2

same, reserving liberty to the petitioner to file fresh representation to the competent authority, praying therein for her adjustment at a convenient station on the ground of couple case after completion of academic session, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of ten days from the date of receipt of representation. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate order, taking note of transfer policy formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/adjustment on the ground of couple case. 3. True it is that no school can be left without any teacher but same time it is the duty of the respondent-State to ensure posting of the teachers and in that regard, one employee, who may be in the need of transfer on account of adverse family circumstances cannot be made to suffer on the ground of non-availability of teachers. Pending applications, if any, also stand disposed of.

(Sandeep Sharma), Judge

November 11, 2025 (shankar)