Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4855 of 2025 Date of Decision: 03.04.2025 _____________________________________________________________________ Vanita Kumari ……...Petitioner Versus State of Himachal Pradesh & Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vijay Kumar, Advocate. For the Respondent: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Staff Nurse at IGMC, Shimla, Himachal Pradesh, has approached this Court in the instant proceedings seeking therein direction to respondents to consider and decide her representation dated 03.02.2025 (Annexure P- 3) in a time bound manner.
2. Careful perusal of averments contained in the petition, which is duly supported by way of an affidavit, reveals that petitioner herein has been working at the present place of posting i.e. IGMC, Shimla, Himachal Pradesh, since 09.09.2016. Though, initially the petitioner was appointed as Staff Nurse on contract basis, but her services were regularized as such vide order dated 25.06.2024. Since petitioner has completed normal tenure of posting at the present place of posting, she has filed representation to the competent authority
2 seeking therein transfer to the station, as detailed in the representation.
3. Though, it is the sole prerogative of an employer to transfer an employee, but having taken note of adverse family circumstances of the petitioner, as detailed in the representation of the petitioner, this Court without going into the merits of the case, deems it fit to dispose of the present petition with the direction to respondents to consider and decide her pending representation dated 03.02.2025 (Annexure P-3), expeditiously, preferably, within a period of three 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 thereafter taking note of transfer policy, which admittedly provides for transfer of an employee on account of adverse family circumstances. Liberty is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law, if she still remains aggrieved. Pending application(s), if any, also stand disposed of. April 03, 2025 (Sandeep Sharma), (Rajeev Raturi)
Judge