BANITA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Art. 226 of Constitution of India, petitioner has sought directions to the respondent Department to transfer her to one of stations of choice on account of adverse family circumstances. Since it is domain and sole prerogative of employer to post/transfer an employee, there appears to be no justification to issue direction to the respondents to post petitioner at a particular station however, having taken note of the fact that the petitioner has approached respondent No.2 by way of representation dtd. 1/9/2023 (Annexure P-4), this court deems it fit to dispose of the writ petition with a direction to the aforesaid authority to consider and decide the representation (Annexure P-4) in accordance with.

(2.) Learned Additional Advocate General is not averse to the aforesaid innocuous prayer made on behalf of the Petitioner.

(3.) Consequently, in view of above, present petition is disposed with a direction to respondent No.2 to consider and decide the representation (Annexure P-4) filed by petitioner, expeditiously, preferably within a period of two weeks from today, strictly in terms of Comprehensive Guiding Principles, wherein admittedly, there is a provision to transfer /post an employee taking note of his/her adverse family circumstances.