Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 15455 (HP)

PARIKSHIT SAHNI v. THE STATE OF HP AND OTHERS

CWP/8715/2025 · 2025-05-26

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8715 of 2025 Date of Decision: 26.5.2025 _____________________________________________________________________ Dr. Parikshit Sahni ……...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. Vinay Mehta, Advocate. s For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar 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 Medical Officer in Primary Health Centre Diur, Block Kihar, District Chamba, Himachal Pradesh, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his pending representation dated 25.4.2025 (Annexure P-2), whereby he has sought transfer from the aforesaid station to one of the stations of his choice as detailed in the representation on account of the fact that he has completed normal tenure of posting in hard/tribal area. 2. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call - 2 - for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. While accepting notices on behalf of the respondents, Mr. Kahol, fairly states that since petitioner has been recently regularized on 24.4.2025, it cannot be said that he has completed normal tenure at present place of posting, however, this Court is not impressed with the aforesaid submission of Mr. Kahol, for the reason that bare perusal of transfer policy nowhere suggests distinction, if any, between employee working on contract or on regular basis. Once it is not in dispute that petitioner being employee of government has already completed normal tenure in hard area, he is well within his rights to seek transfer to soft area in terms of the transfer policy formulated by the Government of Himachal Pradesh. 3. Consequently, in view of the above, this Court without going into the merits of the case deems it fit to dispose of the present petition with a direction to the respondents/competent authority to consider and decide his representation (Annexure P-2), expeditiously, preferably, within a period of four weeks. 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 taking note of the transfer policy, which enables an employee to seek transfer after having completed normal - 3 - tenure at present place of posting. Pending applications, if any, also stand disposed of. May 26, 2025 (Sandeep Sharma), (manjit) Judge