Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4619 of 2025
Date of Decision: 28.3.2025 _____________________________________________________________________ Baldev Sharma .…...Petitioner Versus State of Himachal Pradesh and ors. .....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: M/s. Sunil Dutt Gautam and Paras Sharma, Advocates. For the respondents: Mr. Anup Rattan, A.G. with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Through instant petition, the petitioner has prayed for issuance of directions to the respondents to consider and decide his pending representation dated 12.3.2025, Annexure P-2, whereby he has prayed for his transfer from present place of posting, i.e, Government High School, Teel u/c GSSS Mohini, District Kullu, H.P to any of the station mentioned in the representation, in terms of 5% quota earmarked for inter-district transfer under 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 Mr. Ravi Chauhan, learned Deputy Advocate General. While accepting
- 2 - notice on behalf of the respondents, learned Deputy Advocate General, fairly states that representation (Annexure P-2) filed by the petitioner, if not already decided, shall be decided expeditiously. 3. Having perused averments contained in the petition, which are duly supported with an affidavit, this Court finds that the petitioner herein has been working at present place of posting since 17.12.2019 and as such, he otherwise after his having completed normal tenure of posting at the present place of posting is entitled to be transferred but he has prayed for transfer under 5% quota earmarked for inter-district transfer and such prayer made by him is pending consideration. Since such prayer has not been considered, he is compelled to approach this Court by way of instant proceedings. Since the transfer policy formulated by Government of Himachal Pradesh specifically provides for transfer/adjustment under 5% quota for inter-district transfer, therefore, this Court sees no impediment in accepting the innocuous prayer made by the petitioner for consideration of his representation (Annexure P-2) by the competent authority in a time bound manner. 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-2) of the petitioner expeditiously, preferably within a period of four weeks. Ordered
- 3 - 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, which provides for 5% quota for inter-district transfer. Pending applications, if any, also stand disposed of. March 28, 2025
(Sandeep Sharma) mamta
Judge