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2025 DAILYLAW 15424 (HP)

SURESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/8584/2025 · 2025-05-23

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.8584 of 2025 Decided on: 23rd May, 2025 _________________________________________________________________ Suresh Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Kunal Thakur, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General. Jyotsna Rewal Dua, Judge Notice. Ms. Leena Guleria, learned Deputy Advocate General, accepts service of notice on behalf of the respondents. 2. Petitioner is serving as TGT at GPS Leu Kuffer e/b Rajgarh, District Sirmour, H.P. Under office order dated 13.05.2025, he has been transferred to GPS Bagh Chachrera, e/b Shillai, District Sirmour, H.P.. Petitioner feels aggrieved against this transfer. 3. Learned counsel for the petitioner submits that 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - under the impugned officer order, petitioner has been transferred to hard area, whereas he has already served in hard area. To a query of the Court, learned counsel for the petitioner submits that petitioner has completed his normal tenure at the present place of posting and is, therefore, liable to be transferred. Learned counsel for the petitioner further submits that instant is a single transfer and no one has been posted in place of the petitioner. 4. In view of above, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent No.2/Competent Authority against the impugned order. In case such a representation is made within five days, the same shall be considered and decided by the Competent Authority, in accordance with law and as per applicable transfer policy, within a week thereafter. Copy of decision so taken, be communicated to the petitioner. Till the decision of the representation, petitioner be allowed to continue at the present place of posting. It is made clear that in case petitioner does not represent within the aforesaid period, the protection granted to him under this - 3 - order shall automatically stand vacated. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge May 23, 2025 R.Atal