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2025 DAILYLAW 12189 (HP)

ATMA RAM v. THE STATE OF HP AND OTHERS

CWP/7097/2025 · 2025-05-06

Sandeep Sharma

body2025

Judgment text

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2025:HHC:12820 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7097 of 2025 Date of Decision: 06.05.2025 _____________________________________________________________________ Atma Ram ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Umesh Kanwar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as JBT, at Government Primary School Jubiyaldhar, Education Block Bakras, Tehsil Shillai, District Sirmaur, Himachal Pradesh, which is a hard area, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-5), whereby he has prayed for his transfer from present place of posting to one of the stations, as detailed in the representation, on account of his having completed normal tenure of posting in hard area. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, learned Additional Advocate General, fairly states that representation filed by the petitioner, if not already decided, shall be decided expeditiously. 3. It is quite apparent from the pleadings as well as other material adduced on record, which are duly supported by an affidavit, that petitioner herein has been working at present place of posting, which is hard area from the date of his initial appointment i.e. 18.09.2003, meaning thereby, he has been working at present place of posting for more than 22 years. Since transfer policy enables an employee to seek transfer from hard area to soft area after his/her having completed normal tenure of posting i.e. two winters and three summers, this Court sees no impediment in issuing direction to the respondents to consider and decide the pending representation of the petitioner in a time bound manner. 4. Consequently, in view of above, present petition is disposed of with a direction to the respondents to consider and decide the pending representation (Annexure P-5) filed by the petitioner expeditiously, preferably within a period of four weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of 2 being heard to the petitioner and pass appropriate orders taking note of Transfer Policy formulated by the Government of Himachal Pradesh. Pending applications, if any, stand disposed of. May 06, 2025 (Sandeep Sharma), (sunil) Judge 3