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2025 DAILYLAW 10549 (HP)

SADANAND SHARMA v. THE STATE OF HP AND OTHERS

CWP/4753/2025 · 2025-04-01

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4753 of 2025 Date of Decision: 1.4.2025 _____________________________________________________________________ Sadanand 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: Mr. C.S. Thakur and Mr. Nikhil, Advocates. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner, who at present is working as CHT at Government Primary Centre School Mashu, Education Block Kaffota, District Sirmour, Himachal Pradesh, is aggrieved on account of inaction on behalf of the respondents in as much as they have failed to consider and decide his pending representation (Annexure P-2), for his transfer from present place of posting to some other place on account of medical grounds. 2. Though having taken note of the fact that petitioner has not completed normal tenure at the present place of posting, this Court sees no reason to entertain the present petition, however having - 2 - taken note of the fact that daughter of the petitioner is a heart patient and she requires constant medical treatment coupled with the fact that petitioner has already approached the respondents for redressal of her grievance, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider and decide pending representation of the petitioner expeditiously, preferably, within six weeks, taking note of the transfer policy, which provides for transfer of an employee on medical grounds. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. April 1, 2025 (Sandeep Sharma), (manjit) Judge