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2025 DAILYLAW 12443 (HP)

POONAM v. THE STATE OF HP AND ANOTHER

CWP/6737/2025 · 2025-04-25

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6737 of 2025 Date of Decision: 25.04.2025 _______________________________________________________ Poonam …….Petitioner Versus State of H.P. and Another ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vivek Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. B.C. Verma and Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. _______________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as TGT (Medical) at Government Senior Secondary School, Jhajjakothia, E/B Churah, Tehsil Churah, District Chamba, which is a tribal area, has approached this Court in the instant proceedings seeking therein direction to respondents to consider and decide her pending representation dated 04.02.2025 (Annexure P-2), whereby petitioner has requested respondent No.2 for consideration of her transfer to one of the stations of her choice, as detailed in the representation, on account of her having completed normal tenure of posting at tribal area i.e. two winter and three summers. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to issue notice to respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General, who fairly states that pending representation, if not already decided, shall be decided expeditiously. 3. It is apparent from the pleadings adduced on record by the petitioner that petitioner has been serving in tribal area for more than three years and as such, she is entitled to be considered for transfer from tribal area to soft area or a station of choice/ convenient station, in terms Clause 16.1 of Transfer Policy formulated by the Government of Himachal Pradesh. Besides above, petitioner is having baby of nine months and as such, finding it difficult to take care of her baby in tribal area without help and aid of family members. Since transfer policy itself provides for transfer of an employee from tribal/hard area to soft area after completion of normal tenure of posting, this Court sees no impediment in accepting the aforesaid prayer made on behalf of the petitioner. 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 the direction to respondents to consider and decide the pending representation dated 04.02.2025 (Annexure P-2), expeditiously, preferably, within a period of one week. Ordered 3 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 detailed speaking order taking note of facts, as detailed hereinabove. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge April 25, 2025 (Rajeev Raturi)