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2025 DAILYLAW 14024 (HP)

SURENDER SHARMA v. THE STATE OF HP AND OTHERS

CWP/7683/2025 · 2025-05-09

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7683 of 2025 Date of Decision: 09.05.2025 _____________________________________________________________________ Surender Sharma ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr.Vinod Chauhan, 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, who at present is working as TGT (Arts), is aggrieved of impugned transfer order dated 03.05.2025 (Annexure P-2), whereby he has been ordered to be transferred from Government Senior Secondary School Gorkhuwala (SMR), District Sirmaur, Himachal Pradesh to Government Senior Secondary School Katwar, District Sirmaur, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vinod Chauhan, learned counsel representing the petitioner is that since petitioner is qualified as CTO and stands further selected 2 for training of ANO, he could not have been transferred to a school, where there is no provision of NCC, Mr. Chauhan, learned counsel for the petitioner states that petitioner, after his having qualified CTO, can only be posted in a school where there is a provision of NCC training. 3. 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. Rajan Kahol, learned Additional Advocate General. 4. Having taken note of the fact that petitioner has already completed normal tenure of posting at present place of posting and he is yet to undergo ANO training, this Court sees no reason to interfere in the impugned transfer order. However, having taken note of the fact that petitioner has already selected for ANO training, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation of the petitioner (Annexure P-3) expeditiously, preferably within a period of ten days. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an 3 opportunity of being heard to the petitioner and pass appropriate orders taking note of the fact that petitioner already stands selected for ANO training. Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Pending application(s), if any, also stands disposed of. May 09, 2025 (Sandeep Sharma), (sunil) Judge