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2025 DAILYLAW 12554 (HP)

PARTAP SINGH v. THE STATE OF HP AND OTHERS

CWP/6783/2025 · 2025-04-25

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6783 of 2025 Date of Decision:25.04.2025 _______________________________________________________ Partap Singh …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Rajat Thakur, Advocate. 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 the respondent/State. Mr. Rajesh Prakash, Advocate, for respondent No.4. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Panchayat Secretary in Gram Panchayat, Dehgran, Development Block Churah, District Chamba, Himachal Pradesh, is aggrieved of order dated 09.04.2025 (Annexure P-1), whereby he has been ordered to be transferred from afore station to Gram Panchayat, Shalella Bari, Development Block Tissa, District Chamba, Himachal Pradesh vice Sh. Chattar Singh. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Rajat Thakur, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 learned counsel representing the petitioner, is that impugned transfer order has been passed by the respondents in violation of transfer policy because petitioner has not been permitted to complete his normal tenure of posting. 3. Careful perusal of the petition, which is duly supported by an affidavit reveals that petitioner has been working at the present place of posting for more than two years, but it is also not in dispute, rather apparent from the pleadings that petitioner has been working in and around present place of posting for more than 15 years. 4. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General and Mr. Rajesh Parkash, Advocate. Learned counsel representing the respondents state that since petitioner has been working in and around present place of posting for more than 15 years, coupled with the fact that he has been transferred in the same Block and Tehsil, petition at hand deserves outright dismissal. 5. Though, tenure of the petitioner at present placing of posting is less than three years, but admittedly he has been working in and around present placing of posting for more than 15 years, coupled with the fact that he has been transferred to Gram 3 Panchayat, which falls under same Block, this Court sees no reason to interfere in the impugned transfer order and as such, same is upheld. However, having taken note of adverse family circumstances, which were apprised to this Court during the proceedings of the case, this Court without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of one week, praying therein for cancellation of transfer order or his adjustment at convenient station, which in turn, shall be decided by competent authority within a period of one week. 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 the transfer policy, which certainly talks about transfer of an employee on the ground of adverse family circumstances. Pending applications, if any, also stand disposed of. Till the time, representation, if any, filed by the petitioner within a period of one week is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station in terms impugned transfer order. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge April 25, 2025 (shankar)