NEETA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed by petitioner- Neeta Devi, who is working with the respondents- Department as Lecturer in the subject of Hindi, aggrieved by her transfer from Government Senior Secondary School Nigulsari (Kinnaur) to Government Senior Secondary School, Sapni (Kinnaur), vice respondent No. 4- Kiran Kumari.

(2.) As per the facts averred in the writ petition, the petitioner was initially appointed as Lecturer/Lecturer (SN) Hindi on contract basis on 28/10/2010 and posted at Government Senior Secondary School Chagaon in District Kinnaur. Subsequently, services of the petitioner were regularized in April, 2016. She was then transferred from Government Senior Secondary School Chagaon to Government Senior Secondary School Nigulsari on 6/9/2016. It is contended that the petitioner submitted a representation to the respondents in May, 2021 to transfer her to some soft station as Government Senior Secondary School Nigulsari happens to fall in a tribal area. The petitioner gave the choice of three places where she could be posted, which were, Government Senior Secondary School, Rampur; Government Senior Secondary School Jeori, Rampur; and Government Senior Secondary School Badhal, Rampur, in District Shimla. The said representation of the petitioner was forwarded by the Principal, Government Senior Secondary School, Nigulsari, however, respondent No. 2- Director, Higher Education, vide order, dtd. 9/12/2021, has passed the impugned transfer order of the petitioner.

(3.) Mr. Vikas Rathore, learned Additional Advocate General, submitted that the petitioner has completed more than five years at the present place of posting and thus has served more than the normal tenure of three years at one place. Therefore, in any case, she is liable to be transferred anywhere in the State, in terms of the Transfer Policy of the State.