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2025 DAILYLAW 13570 (HP)

SHIVALI CHAUDHARY v. THE STATE OF HP AND OTHERS

CWP/7469/2025 · 2025-05-06

Sandeep Sharma

body2025

Judgment text

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2025:HHC:12801 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7469 of 2025 Date of Decision: 06.05.2025 _____________________________________________________________________ Shivali Chaudhary ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sat Prakash, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (Non- Medical) at Government High School Kilod-II, under control of Government Senior Secondary School Kihar, District Chamba, Himachal Pradesh, which is hard area, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation dated 15.03.2025 (Annexure P-2) and reminder/representation dated 24.04.2025 (Annexure P-4), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representations, on account of her having completed normal tenure of posting in hard area. 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. Vishal Panwar, learned Additional Advocate General. Mr. Panwar, fairly states that representations filed by the petitioner, if not already decided, shall be decided expeditiously. 3. It is quite apparent from the pleadings as well as other material adduced on record, which are duly supported by an affidavit, that petitioner herein has been working at present place of posting since the year 2022 and as such, she is entitled to make representation for her transfer from present place of posting to one of the stations of her choice in terms of Transfer Policy formulated by the Government of Himachal Pradesh, which admittedly provides for transfer of an employee from hard area to soft area after his/her having completed normal tenure of posting i.e. two winters and three summers. 4. Consequently, in view of 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 the pending representations (Annexures P-2 & P-4) filed by the petitioner expeditiously, preferably within a period of four weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing 2 the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders thereafter taking note of Transfer Policy formulated by the Government of Himachal Pradesh. Pending applications, if any, stand disposed of. May 06, 2025 (Sandeep Sharma), (sunil) Judge 3