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2025 DAILYLAW 10603 (HP)

BHADAR SINGH v. THE STATE OF HP AND OTHERS

CWP/4711/2025 · 2025-04-01

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4711 of 2025 Date of Decision: 1.4.2025 _____________________________________________________________________ Bhadar Singh .…...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. Rakesh Kumar Dogra, 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 to the respondents to consider and decide his pending representation dated 23.10.2024, Annexure P-3, whereby he has prayed for his transfer from present place of posting, i.e, Regional Hospital, Kullu, District Kullu, H.P to Civil Hospital, Sunder Nagar, District Mandi, on account of adverse family circumstances. 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. B.C. Verma, learned Additional Advocate General. While accepting notice on behalf of the respondents, learned Additional Advocate - 2 - General, fairly states that representation (Annexure P-3) 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, who has been working at present place of posting since 14.8.2002 prayed for his transfer from present place of posting to the station mentioned in the representation on account of adverse family circumstances, as his mother is suffering from Kidney Disease and there is none to take care of her 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 on adverse family circumstances as well as medical ground, therefore, this Court sees no impediment in accepting the innocuous prayer made by the petitioner for consideration of his representation (Annexure P-3) by the competent authority in 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-3) of the petitioner expeditiously, preferably within a period of three weeks. Ordered accordingly. Needless to say, authority concerned, while doing the - 3 - needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass speaking order taken note of the Transfer Policy, formulated by the Government of Himachal Pradesh, which provides for transfer/adjustment on adverse family circumstances as well as medical ground. Pending applications, if any, also stand disposed of. April 1, 2025 (Sandeep Sharma) mamta Judge