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2025 DAILYLAW 12852 (HP)

VIVEK SHEEL v. THE STATE OF HP AND OTHERS

CWP/6966/2025 · 2025-04-30

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6966 of 2025 Decided on: 30th April, 2025 ------------------------------------------------------------------------------------- Vivek Sheel …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Sunil Kumar Banyal, Advocate. For the Respondents: Ms. Leena Guleria, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Ms. Leena Guleria, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner is serving as Drawing Master at GMS Mahalpat, under complex GSSS Baijnath, District Kangra. His grievance is to the office order dated 25.04.2025 (Annexure P-1), whereunder he has been transferred to GSSS Lohardi, District Kangra. The petitioner had been serving at GMS Mahalpat ever since 21.06.2010 and thus, has rendered about 15 years of continuous service at his 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 present place of posting. Therefore, the action of the respondents in transferring the petitioner from GMS Mahalpat cannot be faulted. 3. At this stage, learned counsel for the petitioner submits that petitioner’s wife is also a government employee and is presently serving as DPE at GSSS Rajiana, District Kangra. She was posted there in August, 2024. Therefore, the petitioner is entitled to concession given to the couples working under the State Government under Clause 5.4 of the applicable transfer policy. It was also submitted that petitioner’s son is studying in 11th class at Baijnath, District Kangra. Petitioner’s impugned transfer to GSSS Lohardi, District Kangra will create hardship for his entire family. Learned counsel for the petitioner further submits that the petitioner would be satisfied in case he is permitted to prefer a representation to the respondents/ competent authority seeking his adjustment and thereafter the competent authority be directed to decide the same within a time bound schedule. Learned Deputy Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, this writ petition is disposed of by permitting the petitioner to file a representation to the respondents/competent 3 authority, seeking his adjustment, within three days from today. In case such a representation is received by the respondents/competent authority within the aforesaid period, the same shall be considered and decided in accordance with law and applicable transfer policy within a period of ten days thereafter. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua April 30, 2025 Judge Mukesh