IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6825 of 2025 Date of Decision: 28.4.2025 _____________________________________________________________________ Kushmita ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Kulwant Singh Gill, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein who is working as Staff Nurse at Dr. Yashwant Singh Parmar Medical College Nahan District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her representation, whereby she has prayed for her transfer from aforesaid station to Regional Hospital, Bilaspur, on account of adverse family circumstances. 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. While accepting - 2 - notices on behalf of the respondents, Mr. Kahol, states that transfer is an incidence of service and an employee cannot claim the same as matter of right, however, representation, if any, filed shall be considered strictly in terms of the transfer policy. 3. True it is that it is sole prerogative of an employer to post an employee to a particular station, but once transfer policy provides for specific tenure of three years at one station coupled with the fact that employee can also seek transfer on account of adverse family circumstances, this court sees no impediment in accepting prayer made by the petitioner for issuing direction to the respondents to dispose of the representation in a time bound manner. 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 a direction to the respondents to consider and decide pending representation of the petitioner expeditiously, preferably within a period of two weeks. 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 a speaking order taking note of the transfer policy, which empowers employer to transfer an employee from one station to another on account of adverse family circumstances. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if - 3 - she still remains aggrieved. Pending applications, if any, also stand disposed of. April 28, 2025 (Sandeep Sharma), (manjit) Judge