SEEMA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed by Seema Devi inter alia with the prayer that the respondents be directed to decide her representations, dtd. 17/7/2021 (Annexure P-1) and 1/9/2021 (Annexure P-2) and transfer her to a station/school near her native place.

(2.) The case of the petitioner is that she was engaged as TGT (Non-Medical) on contract basis with the respondent-Education Department. She joined at the present place of posting at Government High School Pantah under complex Government Senior Secondary School Ligga, District Chamba, H.P., on 31/8/2018. The petitioner has completed the normal tenure of two winters and three summers and, therefore, she submitted a representation, through proper channel, before the Deputy Director, Elementary Education, on 17/7/2021, praying for her transfer near to her native place. When no action was taken, she submitted another representation on 1/9/2021 seeking her transfer. By now, the petitioner has already completed the normal tenure of three years.

(3.) Ms. Ritta Goswami, learned Additional Advocate General, has submitted that as per Clause 16.1 of the Office Memorandum, dtd. 10/7/2013, containing the Comprehensive Guiding Principles-2013 for regulating the transfer of State Government employees, the petitioner is required to give an option of five stations of choice for more than one District, whereas the petitioner, in both the representations, has not given the option of stations of her choice and in the writ petition also, she has given her option for one District only. Therefore, she should be required to submit a fresh representation in conformity with Clause 16.1 of the Office Memorandum, dtd. 10/7/2013, containing the Comprehensive Guiding Principles-2013 for regulating the transfer of State Government employees.