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2025 DAILYLAW 11654 (HP)

SANJAY KUMAR v. STATE OF HP AND ANR

CWP/5775/2025 · 2025-04-10

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5775 of 2025 Date of Decision: 10.04.2025 __________________________________________________________ Sanjay Kumar …….Petitioner Versus State of Himachal Pradesh & Another ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashwani K. Sharma and Mr. Nitin Rishi, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Being aggrieved and dissatisfied with the order dated 07.04.2025 (Annexure P-1), whereby petitioner herein, who is TGT (Arts) has been transferred from Government Senior Secondary School, Manoh, District Hamirpur, Himachal Pradesh, to Government High School, Jobrang, District Lahaul Spiti, Himachal Pradesh, petitioner has approached this Court in the instant proceedings, praying therein to set- aside aforesaid order. 2. Since it is quite apparent from the pleadings as well as other documents adduced on record by the petitioner that petitioner has already completed normal tenure of posting at the present place of 1Whether the reporters of the local papers may be allowed to see the judgment? 2 posting i.e. Hamirpur, coupled with the fact that he has never served hard area during his service tenure, this Court sees no reason to interfere with the impugned transfer order. However, having taken note of the fact that wife of the petitioner is not well and at present, she is undergoing treatment at AIIMS, Bilaspur, coupled with the fact that petitioner has already represented to the respondent-department by way of filing representation dated 08.04.2025 (Annexure P-2), 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 the aforesaid representation (Annexure P-2) of the petitioner expeditiously, preferably within a period of ten days. 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 detailed speaking order thereupon taking note of transfer policy, which admittedly provides for adjustment/cancellation of transfer of an employee on medical grounds/adverse family circumstances. Till the time, representation, as detailed hereinabove, is not decided in terms of instant order, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge April 10, 2025 (Rajeev Raturi)