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2025 DAILYLAW 15375 (HP)

VIJAY KUMAR v. THE STATE OF HP AND ANOTHER

CWP/8595/2025 · 2025-05-23

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8595 of 2025 Date of Decision: 23.5.2025 _____________________________________________________________________ Vijay Kumar ……...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. Ajay Kumar Dhiman, 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 TGT (Arts) at GHS Kuffer Kaira u/c GSSS Bogdhar, District Sirmaur, Himachal Pradesh, which is a hard/tribal area, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-2) in a time bound manner, whereby he has prayed for his transfer from afore station to one of the stations of his choice as detailed in the representation, on medical grounds. 2. It is averred in the petition that since petitioner has already completed normal tenure at present place of posting and he is - 2 - suffering from serious ailment, for which he is taking treatment in a Superspeciality Hospital at Chandigarh, he may be transferred to one of the stations as detailed in the representation, enabling him to get proper treatment. 3. While putting in appearance on behalf of the respondents, Mr. B.C. Verma, learned Additional Advocate General, states that mere completion of tenure at present place of posting may not be sufficient to seek transfer because transfer policy though talks about minimum period of posting i.e. three years, but it nowhere suggests that after completion of three years, a person cannot be permitted to remain posted at one station. 4. Having taken note of the fact that petitioner has already completed more than three years at present place of posting coupled with the fact that he is taking treatment from a Superspeciality hospital at Chandigarh and there is a provision in the transfer policy to seek transfer/adjustment on medical grounds, this Court without going into the merits of the case, deems it fit to dispose of the same with a direction to the respondents to decide the pending representation (Annexure P-2) expeditiously, preferably, within three weeks. Ordered accordingly. 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 - 3 - employee to seek transfer/adjustment on medical grounds. Pending applications, if any, also stand disposed of. May 23, 2025 (Sandeep Sharma), (manjit) Judge