Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6960 of 2025
Date of decision: 30.04.2025 Harnek Singh.
...Petitioner.
Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Devender Sharma, Advocate.
For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1 to
3.
Jyotsna Rewal Dua, Judge
Notice confined to only respondents No.1 to 3. Mr. Rajat Chaudhary, Assistant Advocate General, appears and waives service of notice on behalf of respondents No.1 to 3. Taking into consideration the nature of order being passed hereinafter and the submissions made by learned counsel for the parties, notice of this petition is not required to be issued to other respondents, nor is the reply required to be called for from the appearing respondents. 2(i). Petitioner’s grievance is to the office order dated 23.04.2025 (Annexure P-3) wherein he has been transferred
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from GSSS Sasan, District Una to GSSS Marighat, District Sirmaur vice respondent No.4. 2(ii). From the case file it appears that one Ms. Pooja Kumari instituted CWP No.3287 of 2025 seeking directions to the respondents to consider and decide her representation for transfer from GSSS Marighat, District Sirmaur, to some other station on account of adverse family circumstances. The writ petition was disposed of on 10.03.2025 with directions to the respondents to consider and decide her representation within the timelines mentioned in the order. 2(iii). Pursuant to the directions, the respondents decided the representation filed by Ms. Pooja Kumari, on 02.04.2025 (Annexure P-2). As per this office order, Ms. Pooja Kumari was transferred from GSSS Marighat, District Sirmaur to GHS Jankour, District Una vice respondent No.4 (Smt. Satnam Kaur). 2(iv). Smt. Satnam Kaur-respondent No.4 did not join at GSSS Marighat, District Sirmaur, where she was posted under order dated 02.04.2025. Instead, respondents issued another office order on 23.04.2025 transferring/adjusting respondent No.4 to GSSS Sasan, District Una and to make
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way for respondent No.4, the petitioner, who was serving at GSSS Sasan, District Una, was transferred to GSSS Marighat, District Sirmaur.
3.
Learned counsel for the petitioner submitted that though the petitioner has completed his normal tenure at the present place of posting, but he is also facing certain adverse family circumstances. Petitioner would be satisfied, in case he is permitted to file a representation seeking transfer from the present place of posting to the competent authority and the said authority may be directed to consider and decide the same in accordance with law within a time-bound schedule. This is not objected to by learned counsel for the respondents.
4.
In view of above, without interfering with the transfer of respondent No.4 under the impugned order, this writ petition is disposed of by permitting the petitioner to prefer a representation within three days from today. In case, such representation is so preferred, the competent authority shall consider and decide the same, in accordance with law, within further period of one week. The order so passed shall also be communicated to the petitioner.
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Pending miscellaneous application(s), if any, to also stand disposed of.
Jyotsna Rewal Dua 30th April, 2025
Judge (Pardeep)