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2025 DAILYLAW 10176 (HP)

BIRI SINGH v. STATE OF HP AND ANOTHER

CWP/4419/2025 · 2025-03-26

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4419 of 2025 Date of Decision: 26.3.2025 _____________________________________________________________________ Biri Singh ……...Petitioner Versus State of Himachal Pradesh and anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Yogesh Kumar Chandel, Advocate with Mr. Karam Pal, Advocate. For the respondents: Mr. Anup Rattan, A.G. with Mr. B.C. Verma, Additional Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Through instant petition, the petitioner has prayed for issuance of directions for the respondents to consider and decide his pending representation dated 14.3.2025, Annexure P-3, whereby he has prayed for his transfer from present place of posting, i.e, Government High School, Chhawara u/c GMSSS Bajaura, District Kullu, H.P to any of the station mentioned in the representation, in terms of Clause 8(vii) of the Transfer Policy. 2. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by - 2 - Mr. B.C. Verma, learned Additional Advocate General. While accepting notice on behalf of the respondents, learned Additional Advocate General, fairly states that representation (Annexure P-3) filed by the petitioners, if not already decided, shall be decided expeditiously. 3. It is not in dispute that the petitioner has already completed his normal tenure of posting at the present place of posting coupled with the fact that these is provision in the transfer policy prescribing therein minimum tenure of an employee at one particular station. 4. Consequently, in view of the above, this Court without going into the merits of the case deems it fit to dispose of the present petition with a direction to the competent authority to consider and decide the representation (Annexure P-3) of the petitioner expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass speaking order having taken note of the Transfer Policy, formulated by the Government of Himachal Pradesh. Pending applications, if any, also stand disposed of. March 26, 2025 (Sandeep Sharma) mamta Judge