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2022 Supreme(HP) 562

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Anita Kumari W/o Dinesh Singh Chauhan – Appellant
Versus
State Of H. P. Through Secretary Elementary Education Government Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Sh. Mohit Thakur And Sh. Suneet Singh, Advocates
For the Respondent:Sh. Ashok Sharma, Advocate General With Sh. Vinod Thakur, Sh. Shiv Pal Manhans, Additional Advocate Generals And Sh. Rajat Chauhan, Law Officer.

ORDER :

The petitioner is about 48 years and was recently appointed as TGT (Arts) on batch-wise basis on 18.02.2021 and posed at GSSS Kotkhai, Shimla.

2. The instant petition has been filed by the petitioner seeking her transfer to a station of her choice on the following grounds:-

    (i) That the petitioner suffers from a medical condition whereby she is having only one kidney and she also suffers from associated complications like pain and swelling.

    (ii) The husband of the petitioner also suffers from Liver ailment (Hemangioma) as detailed in the petitioner and also from recurrent kidney stone problem.

    (iii) Aged mother-in-law running in her late eighties is dependent on the petitioner and her husband.

    (iv) The present place of posting is at about 220 kms from her native place and keeping in view the above circumstances it has become very difficult to manage.

    (v) Transfer Policy (Annexure P-2) recognizes the right of transfer on Medical and Humanitarian Grounds

    (vi) By virtue of Annexure P-8 similar contractual employees have been adjusted.

3. The petitioner, as mentioned above, is a teacher appointed for educating students. The standards expected of a person practising the noble teaching


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