Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4749 of 2025
Date of Decision: 1.4.2025 _____________________________________________________________________ Surinder Kumar .…...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. Rajat Kumar, Advocates. For the respondents: Mr. Vishal Panwar, 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 15.2.2025, Annexure P-3, whereby he has prayed for his transfer from present place of posting, i.e, GPS, Beer Plassi, Centre School Rajpura Education Block Nalagarh, District Solan, H.P to the station mentioned in the representation, in terms of Clause C (1) of the notification dated 21.11.2021, Annexure P-2. 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. Vishal Panwar, learned Additional Advocate General. While
- 2 - accepting notice on behalf of the respondents, learned Addiitonal Advocate 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 was appointed as JBT on contract basis on 10.5.2019 and he joined as such at present place of posting on
17.5.2019. However, his services were regularized on 12.1.2022 but he was not transferred from the present place of posting. Since the petitioner has been working at present place of posting since 10.5.2019 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 as per Clause C(1) of notification dated 12.11.2021 (Annexure P-2) 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 seeking direction to the respondents to consider and decide his representation (Annexure P-3) by the competent authority in a time bound manner. 4.
It is not in dispute that the petitioner has already completed five years at the present place of posting coupled with the
- 3 - fact that there is a provision in Clause C(1) of notification dated 21.11.2021 (Annexure P-2), which provides for inter-district transfer after having completed five years tenure at one particular station. 5. 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 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 notification hereinabove. Pending applications, if any, also stand disposed of. April 1, 2025
(Sandeep Sharma) mamta
Judge