Extracted from the PDF above. The PDF is authoritative.
2025:HHC:13076 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7589 of 2025 Date of Decision: 07.05.2025 _____________________________________________________________________ Umesh Kumar
……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Onkar Jairath & Mr. Piyush Mehta, Advocates. 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 JBT at Government Centre Primary School Annu, Education Block Sunni, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-4), whereby he has prayed for his transfer from present place of posting to GCPS Dharotdhar, District Mandi under 5% quota of inter district transfer. 2. 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 for
more than five years, if it is so, he is well within his rights to seek transfer under 5% quota in terms of Policy dated 20.11.2021 (Annexure P-3). Since afore policy clearly provides for inter district transfer, coupled with the fact that petitioner has already completed five years in one district, this Court sees no impediment in issuing directions to the respondents to consider and decide his pending representation in a time bound manner. 2. Mr. Ravi Chauhan, learned Deputy Advocate General, while putting in appearance on behalf of respondents, fairly states that representation filed by the petitioner, if not already decided, shall be decided expeditiously. 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 representation (Annexure 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 the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of Transfer Policy/notification, as detailed hereinabove (Annexure P-3). Pending applications, if any, stand disposed of.
May 07, 2025 (Sandeep Sharma), (sunil)
Judge 2