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2025 DAILYLAW 15629 (HP)

PAWAN KUMAR v. THE STATE OF HP AND OTHERS

CWP/8819/2025 · 2025-05-27

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8819 of 2025 Date of Decision: 27.5.2025 _____________________________________________________________________ Pawan 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. Ashok Kumar, 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 APO at AHWC Koksar, District Lahaul and Spiti, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his pending representation (Annexure P-1), 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 for reply from the respondents, who are otherwise represented by Mr. - 2 - Rajan Kahol, learned Additional Advocate General. He fairly states that representation, if any, shall be decided expeditiously. 3. Since it is quite apparent from the pleadings adduced on record that petitioner has already completed normal tenure of posting in hard/tribal area i.e. two winters and three summers, coupled with the fact that transfer policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer after completion of three years service in hard area, there appears to be no impediment in accepting the prayer made in the petition. 4. 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-1), expeditiously, preferably, within a period of three 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 tenure at present place of posting. Pending applications, if any, also stand disposed of. May 27, 2025 (Sandeep Sharma), (manjit) Judge