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2025 DAILYLAW 10914 (HP)

BUDHI RAM v. THE STATE OF HP AND OTHERS

CWP/4969/2025 · 2025-04-04

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4969 of 2025 Date of Decision: 4.4.2025 _____________________________________________________________________ Budhi Ram ……...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. Sat Prakash, Advocate. 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 herein, who at present is working as TGT (Arts) at Government Senior Secondary School Sahali, Tehsil Pangi, District Chamba, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider his representation dated 24.2.2025, whereby prayer has been made to transfer him from aforesaid station to one of the stations of his choice in terms of transfer policy on account of his having completed normal tenure in hard area i.e. two winters and three summers. - 2 - 2. Careful perusal of averments contained in the petition, which is duly supported by an affidavit reveals that petitioner herein was promoted to the post of TGT (Arts) on 30.9.2022 and thereafter on 13.9.2023, petitioner was transferred to GSSS Sahali, Tehsil Pangi, which is a hard area. With effect from 25.6.2018, petitioner has been working in hard/tribal area. He was transferred to GSSS Sechunala (Pangi), District Chamba, on 25.6.2018, where he continued to work till 26.8.2020. On 30.9.2022, he was transferred to Govt. Middle School Kulal u/c GSSS Sach, Tehsil Pangi, District Chamba. 3. After having served the aforesaid school for one year, petitioner again came to be transferred to GSSS Sahali, Tehsil Pangi, District Chamba and since then, he is continuing there. Since it is quite apparent from the facts taken note herein above that petitioner is working in tribal/hard area for more than seven years, prayer made by the petitioner for his transfer from hard area to soft area deserves to be considered by the competent authority. 2. Having regard to the nature of prayer and order proposed to be passed, this court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan learned Deputy Advocate General. Mr. Chauhan, states that representation, if not already decided, shall be decided expeditiously. 3. Since there is a provision contained in the transfer policy with regard to transfer of employee serving in the hard area to the soft - 3 - area or a station of choice after his/her having completed normal tenure of posting coupled with the fact that petitioner has already approached the competent authority by way of representation, there appears to be no impediment in issuing direction as sought for. 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 respondents to consider and decide the pending representation of the petitioner expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while affording opportunity of hearing to the petitioner shall also take note of the transfer policy formulated by the Government of Himachal Pradesh and pass appropriate orders. Pending applications, if any, also stand disposed of. April 4, 2025 (Sandeep Sharma), (manjit) Judge