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2025 DAILYLAW 15532 (HP)

RIPAN KUMAR v. THE STATE OF HP AND OTHERS

CWP/8721/2025 · 2025-05-26

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8721 of 2025 Date of Decision: 26.5.2025 _____________________________________________________________________ Ripan 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: Ms. Narvada Kashyap, Advocate. 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 JBT at GPS Sara, Education Block Aut at Thalout Mandi, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein directions to the respondents to consider and decide his representation (Annexure P-2), whereby he has prayed for his transfer under 5% inter-district quota on the ground that he has already completed normal tenure of posting. 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 for the reply from the respondents, who are otherwise represented by Mr. B.C. Verma, learned Additional Advocate General. Mr. Verma, - 2 - fairly states that pending representation, if not already decided, shall be decided expeditiously. 3. Having taken note of the fair stand adopted by the learned Additional Advocate General coupled with the fact that policy formulated by the Government of Himachal Pradesh enables an employee to seek transfer from one district to other under 5% inter- district quota, after his/her completion of five years of service in one district, there appears to be no impediment in accepting the prayer made by the petitioner. 4. Consequently, in view of 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 to consider and decide the pending representation (Annexure P-2) having been filed by the petitioner for transfer under 5% inter-district quota 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 thereupon taking note of the afore transfer policy. Pending applications, if any, also stand disposed of. May 26, 2025 (Sandeep Sharma), (manjit) Judge