Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6075 of 2025
Date of Decision: 11.4.2025 _____________________________________________________________________ Anu Kumari ……...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. Aman Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General 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 directions to the respondents to consider and decide her pending representation (Annexure P-3 Colly.), whereby she has prayed for her transfer from present place of posting to other station 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, if not already decided, shall be decided expeditiously. 3. Though, it is sole prerogative of the employer to post an employee in a particular station, but since transfer policy formulated by the State of Himachal Pradesh provides for transfer of an employee on account of adverse family circumstances, this court sees no impediment in accepting the innocuous prayer made by the petitioner as has been taken note herein above. 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 (Annexure P-3) having been filed by the petitioner expeditiously, preferably within a period of four weeks. 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 in terms of transfer policy framed by the Government of Himachal Pradesh. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if she still remains aggrieved. Pending applications, if any, also stand disposed of.
April 11, 2025
(Sandeep Sharma), (manjit)
Judge