Dropta Devi vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 790

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Dropta Devi – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : P.P. Chauhan
For the Respondent: Y.P.S. Dhaulta

JUDGMENT :

Ranjan Sharma, J.

1. Heard, Learned Counsel for petitioner and Learned State Counsel at length.

2. Petitioner-Dropta Devi, Senior Assistant, has come up, before this Court, seeking the following relief(s):-

“a) To issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 05.02.2025 being Annexure P-7 of the writ petition, as unconstitutional and illegal and contrary to the law;

b) To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to permit the petitioner either to discharge her duties at present place of posting or transfer her to any place of convenience at par with other incumbents who have been adjusted vide Office Order dated 04.02.2025 (Annexure P-8) with all consequential benefits for all purposes and intents.”

FACTUAL MATRIX

2.1 Case, as set up, by Learned Counsel, is that the petitioner was engaged as a Beldar [Class-III, on daily wage basis] on 01.01.2002 but since appointment, she was made to perform duties of higher post of Clerk-cum-Typist [Class-III] by the State Authorities:

(i) Based on the work performed, the petitioner filed an Original Application No.3264 o