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2025 DAILYLAW 13470 (HP)

HITESH SINGH v. THE STATE OF HP AND OTHERS

CWP/7330/2025 · 2025-05-05

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7330 of 2025 Decided on: 5th May, 2025 ------------------------------------------------------------------------------------- Hitesh Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Meera Devi and Ms. Jyoti Dogra, Advocates. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Sikander Bhushan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner is presently serving as Forest Guard at Karyuni Beat, Killar Forest Range, Tehsil Pangi, District Chamba, stated to be a hard/tribal area. He was posted at this place on 21.07.2024. Petitioner seeks transfer from his present place of posting to a soft station of his choice, as represented by him to respondent No.3 on 04.04.2025 (Annexure P-1). Learned counsel for the petitioner submits 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 that petitioner had already served in this very tribal area w.e.f. 26.08.2015 to 29.12.2018 and had completed the requisite tenure prescribed for service in the hard/tribal areas. Learned counsel also submits that in view of the applicable transfer policy, the petitioner should not have been transferred to the tribal area second time on 21.07.2024. She further submits that the petitioner is facing adverse family circumstances and for that reason, seeks transfer to a soft area. 3. Looking to the facts urged for the petitioner that he had already completed his requisite service stint in the tribal area, this writ petition is disposed of by directing respondent No.3/competent authority to consider and decide the aforesaid representation of the petitioner dated 04.04.2025 (Annexure P-1) in accordance with law and applicable transfer policy within a period of two weeks from today. 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 May 05, 2025 Judge Mukesh