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2025 DAILYLAW 12490 (HP)

NARENDER KUMAR v. THE STATE OF HP AND ANOTHER

CWP/6755/2025 · 2025-04-25

Sandeep Sharma

body2025

Judgment text

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2025:HHC:11132 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6755 of 2025 Date of Decision: 25.04.2025 _____________________________________________________________________ Narender Kumar ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Prantap Sharma, 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 is working as Language Teacher at Government Senior Secondary School Cheog, District Shimla, is aggrieved of impugned Transfer order dated 04.04.2024 (Annexure P-1), whereby he has been ordered to be transferred from afore school to Government Senior Secondary School Kedi (Nerwa), District Shimla, Himachal Pradesh. Though it has been fairly admitted at the behest of petitioner that he has already completed normal tenure of posting at present place of posting, but since on account of adverse family circumstances, it is difficult for him to join at transferred station, he has filed representation to the competent authority to adjust him at one of the stations, as detailed in the relief clause of the petition. 3. 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. Vishal Panwar, learned Additional Advocate General. Mr. Panwar, states that since petitioner has already completed normal tenure of posting at present place of posting, present petition deserves dismissal. However, he fairly submitted that in case representation filed by the petitioner is not decided, same shall be decided expeditiously. 4. Since petitioner has already completed normal of tenure of posting at present place of posting, there appears to be no justification for this Court to interfere in the impugned Transfer order, which is accordingly upheld. However, taking taken note of adverse family circumstances, as detailed in the representation, 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 two weeks from today. Ordered 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 appropriate orders thereafter taking note of Transfer Policy formulated by the Government of Himachal Pradesh. Pending applications, if any, stand disposed of. April 25, 2025 (Sandeep Sharma), (sunil) Judge 2