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Himachal Pradesh High Court dismisses petition challenging transfer order of woman teacher

Advocate for the petitioner contended that the daughter of the Petitioner is suffering from a rare disease and therefore, the petitioner should not be transferred.

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The Himachal Pradesh High Court on June 9, dismissed the petition Challenging the transfer order of a petitioner from Government Senior Secondary School (GSSS) Hathol (Hamirpur) to GSSS Mohini (Kullu).

In the earlier round of litigation, the order of the transfer was set aside, permitting the petitioner to make a representation. Thereafter, the representation was considered and the order of transfer was canceled. Thereafter, the impugned order has been passed on 05.06.2021.

Naresh K. Sharma, Advocate for the petitioner contended that the daughter of the Petitioner is suffering from a rare disease and therefore, the petitioner should not be transferred.

The further ground being contended is that the petitioner’s husband is also a Government servant and is presently working as Agriculture Extension Officer at AEO Circle, Nagrota Surian, District Kangra. Therefore, he pleads that in view of the Government Policy, the husband and wife should be posted at the same place.

On the other hand, the Senior Additional Advocate General informed the Court that the petitioner is has been in the Position for the last seven years and therefore, it is too long a period for her to continue in the same position. When a representation is made to the said effect, the same will be considered as expeditiously as possible, added the Senior Advocate.

A Single Bench of Justice Ravi Malimath while considering the petition takes into account the fact that an adequate medical facility is available at Kullu as submitted by the Respondent Counsel.

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While considering the other facts the Court ordered that “I do not find any good ground to entertain this petition. Hence, the writ petition is dismissed. However, the petitioner is always at liberty to make a representation, seeking her posting to her husband’s place of work or to any other nearby place or to any other convenient place. As and when the representation is made, the State shall consider the same, in accordance with the law, as expeditiously as possible.”

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