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High Court of Himachal Pradesh · body

2025 DAILYLAW 14205 (HP)

JITENDER KUMAR v. THE STATE OF HP AND OTHERS

CWP/7862/2025 · 2025-05-13

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7862 of 2025 Decided on: 13th May, 2025 _________________________________________________________________ Jitender Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ankit Dhiman, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No. 1 to 3. Jyotsna Rewal Dua, Judge Notice confined to respondents No.1 to 3, which is accepted by Mr. Rajat Chaudhary, learned Assistant Advocate General. In view of nature of order being passed hereinafter neither the reply is required to be called from respondents No.1 to 3, nor notice is required to be issued to respondent No.4. With consent of learned counsel for the parties, matter 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - is heard at this stage. 2. This writ petition has been filed for grant of following substantive reliefs:- “a) Issue a writ of certiorari for quashing the transfer order dated 20.03.2025 (Annexure P-1). b Issue a writ of mandamus directing the respondent authorities to consider and decide the representation dated 26.03.2025 (Annexure P-3) in light of Clause 22-A of the amended Transfer Policy (Annexure P-2), within a stipulated time and directed the respondent authorities to consider the petitioner's adjustment in any nearby vacant station such as DA Office, Dharamshala, Una or Ghumarwin, based on medical and compassionate grounds” 3. Learned counsel for the petitioner submits that the petitioner has preferred a representation dated 26.03.2025 (Annexure P-3) to respondent No.2 against the transfer order dated 20.03.2025 (Annexure P-1). Learned counsel further submits that the petitioner would be content in case respondent No.2/Competent Authority is directed to decide the aforesaid representation within a fixed time schedule. Learned Assistant Advocate General is not averse to this prayer. 4. Having regard to the afore-submission, but - 3 - without examining the merits of the matter, this writ petition is disposed of with a direction to the respondent No.2/ Competent Authority to consider and decide the aforesaid representation of the petitioner dated 26.03.2025 (Annexure P-3) in accordance with law and as per applicable transfer policy, within seven days. Copy of decision so taken, 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 Judge May 13, 2025 R.Atal