Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8527 of 2025
Date of Decision: 22.5.2025 _____________________________________________________________________ Amar Chand ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Yudhbir Singh Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as Clerk at District Treasury Office Solan, District Solan, Himachal Pradesh, is aggrieved of impugned transfer order dated 20.5.2025, whereby he has been transferred from afore station to Sub Treasury Moorang, District Kinnaur, Himachal Pradesh. 2. Though it has been fairly admitted on behalf of the petitioner that he has completed normal tenure at present place of posting, but since daughter of the petitioner is disabled to the extent of 60% and there is none to take care of her, petitioner has filed
- 2 - representation to the competent authority (Annexure P-9) for cancellation or adjustment, which is still pending adjudication. 3. While accepting notice on behalf of the respondents, Mr. B.C. Verma, learned Additional Advocate General, states that though petitioner has already completed normal tenure at present place of posting, there is no scope left for interference, but representation, if any, filed by the petitioner, shall be decided expeditiously. 4. Since person namely Sanjeev Kumar, has already joined at the transferred station and petitioner stands relieved, coupled with the fact that petitioner has filed representation, indicating therein four stations, where he can be accommodated, this Court without going into merits of the case, deems it fit to dispose of the same with direction to the respondents to decide the pending representation (Annexure P-10) expeditiously, preferably, within ten days. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon taking note of transfer policy, which certainly, enables an employee to seek transfer/adjustment at a convenient station on the ground of disablement of his/her child. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved.
Till the time representation, if any, filed by the petitioner, is decided by the competent authority, petitioner shall not be compelled
- 3 - to join at the transferred station. Pending applications, if any, also stand disposed of. May 22, 2025
(Sandeep Sharma), (manjit)
Judge